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ferdilverdil

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Everything posted by ferdilverdil

  1. This land isn't worth anywhere near that $60k, unfortunately. The property in AZ, from what an area realtor said, would list at $10k-13k each, but would most likely sell for less. In this market wouldn't sell now, maybe a year or so he thought. Another realtor offered to pay off the lien + $500 if we werent interested in redeeming the property. Decided to go ahead and try to save the land, sent a check out yesterday. Guess we'll wait a bit before consulting a lawyer, not in a rush now to transfer ownership. As long as the property is safe.
  2. The house my parents owned was transfered into my mothers name shortly before his death. Other then that there was nothing, except some CC debt. No will, no probate, no assets, except this land in AZ, which was almost forgotten about. I guess you're right about the lawyer, was trying to avoid it, but may be necessary.
  3. I just read somewhere that a spouse can get a copy of decedant's CR by requesting it in writing , I assume along with a copy of a death cert. So if a spouse can pull it, wouldn't CAs OCs JDBs be able to as well?
  4. Does anyone know if a tax lien will show up on a CR if the property owner is deceased? Trying to decide if I should pay off a tax lien that is about to go to foreclosure in days. There are 4 CA's looking to settle CC debt. My intention would be to hold the property long enough to either have enough to pay off the debt AND make a profit, or hold it long enough so the CAs stop trying to collect- after the SOL runs out. -thats a long way off though. If i pay off the lien and the CAs immediately jump on the property- I can't pay them off, or maybe just barely if it's sold now.
  5. Once paid, would the tax lien be reported to his CR (if it hasn't been already)? Does info get reported after death?
  6. If information is reported to the CRAs for a deceased person, what info is sent? Is it the same info as a living person?
  7. After my father's death I ran my mother's CRs with no problem. I also tried to run his report since some of his accounts which were then deliquent, were effecting her account as she was an AU. I was not able to run his reports. Is that because after your death, there is no more CR for you? I'm trying to find out because a tax lien was recently placed on property we just found that my father owned out of state. According to the CIC, tax liens stay on your CR for 7 years after they are paid. If we pay the lien off to stop foreclosure, will this bring attention to any CAs? Are they still able to run his CR? Can the force the sale of the property if they find it? Or can they just put a lien on it? I was told by an area realtor it would be better to wait and sell the property in a few years then to try to do it now. Once sold, if it went for what the realtor said other pieces in the area usually list for, we could pay off the debt. But if we can't wait, and sell it just for enough to cover the debt, then it wouldn't be worth paying off the lien.
  8. My father passed away a year ago leaving behind 4 credit cards with balances. The accounts are all in the hands of CA's who have been hounding my mother for the debt although she was only an AU, so we were fighting them based on that and the fact that there was no money left to pay this debt, and no estate, or so we thought... I just found out that my father owned some land out of state, but he had let the taxes go deliquent many many years ago (1986). It turns out a tax lien was bought in 88 at the county's tax lien sale. The investors could foreclose after 3 years which they never did, although I just found out from the county's treasurer's office they are in the process of doing so now. If we want to save the property from being foreclosed on we have to send the county a check and an affidavit of redemption BEFORE the judge signs the judgment. We don't have much time to act here. If we do that, and bring the taxes current and pay off the lien holder (actually the county pays off the lien holder from the payment we would send in), then the CA's or OC's would have assets of my father's to go after. IF we just keep paying the taxes and don't transfer ownership of the property until the SOL is up what are the chances this property might be discovered? And which state's SOL do we go by for the debt? Where my father lived? Or where the land he owns is?
  9. I just found out that my father owned some land out of state, but he had let the taxes go deliquent many many years ago (1986). It turns out a tax lien was bought in 88 at the county's tax lien sale. The investors could foreclose after 3 years which they never did, although I just found out from the county's treasurer's office they are in the process of doing so now. If we want to save the property from being foreclosed on we have to send the county a check and an affidavit of redemption BEFORE the judge signs the judgment. We don't have much time to act here. If we do that, and bring the taxes current and pay off the lien holder (actually the county pays off the lien holder from the payment we would send in), then the CA's or OC's would have assets of my father's to go after. IF we just keep paying the taxes and don't transfer ownership of the property until the SOL is up what are the chances this property might be discovered? And which state's SOL do we go by for the debt? Where my father lived? Or where the land he owns is?
  10. That is what I initially thought, and that's the impression you get from the infomercials they have on tv. However, what happens is after they purchase the tax lien, they now have the 1st lien on the property should it be sold. They also have the right to foreclose after a certain period of time which I suppose varies in each state. Arizona is 3 years.
  11. Property my father owned in Arizona was recently sold at a tax lien sale. Any suggestions on how to proceed to get back the property? Are you stuck paying the total + interest +fees+ penalties? Or is there any hope of settling for less? Any chance the lien holder will sell it back for what they paid for the lien or close to it? I believe the lien sale was less then a month ago.
  12. Since I'm doing this on behalf of my mother, who has a hard time hanging up on telemarketers, let alone not talking to CAs who call. Should I incorporate a CD notice into my letter? Here's what I was thinking... To Whom It May Concern: This letter is being sent to you in response to a recent notice sent to me. Be advised that the account referenced is not mine, there is no estate and no assets were left to pay for this debt. I am not responsible for the debts of others, and therefore I will not pay for this debt. REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your offices to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose. Your prompt attention is appreciated in clearing up this matter.
  13. ING Direct, and as far as I know, all other internet banks are linked to an existing checking account. Doesn't that make them vulnerable to being found assuming the original checking account is discovered?
  14. I used to have the task of overseeing the auction process for a self storage company. In doing so I would mail out certified letters, return receipt requested. Most people only sign and dont print their name or put the date. This is OK, as long as you get the green card back as proof of delivery, since it will have the date it was mailed stamped on it.
  15. Out of curiousity, I know you can get a free copy of credit reports once a year, which we did in October. What is the cost for others?
  16. Should I try the same approach with the others? Send certified letters to each referencing each account and simply state: "I am not responsible for this debt, there is no estate to pay this debt, and I refuse to." Wait 30days to hear back, and check with the CRA? Do I send anything to the CRAs in the meantime?
  17. I finally have the letters that have been sent to my mother from CAs trying to collect outstanding balances left after my father passed away. He had individual accounts, with her listed as an authorized user/cardholder. However, all 4 accounts are listed on my mother's CR as adverse accounts. OC CA CR Chase Omnium Worldwide Inc charged off as bad debt Citibank Balogh Becker Ltd. collection acct. Citibank Phillips & Cohen Assoc. Ltd. collection acct. BOA Phillips & Cohen Assoc. Ltd. charge off bad debt All 4 have sent letters to the "Estate of _______ ________" All 4 have been informed there is NO estate, nothing went through probate, because there were NO assets left. Atleast 2 have transfered my mother to their probate dept when thay have called her and she was told that SHE is not responsilbe for the debt. Yet the calls and letters keep coming. I was going to begin DV efforts, but since they are only sending mail to the "Estate of ____ ____", I wasn't sure if I should bother trying to vaidate the debt as hers. Nothing comes addressed to my mother. Any advice on the best way to proceed?? She doesn't want this held over her head and wants to regain the excellent credit she had prior to these accounts affecting her. Thanks in advance!!
  18. As far as I know she didn't sign the credit application. And assuming she didn't sign it, or they can't produce it that should be the end of it? I mean that would pretty much rule out any case they'd have, right?
  19. Where can I find more info on that MBNA scenerio??? Also what do you think about online banking linked to another checking account? Odds are it's easily found if they go looking or not?
  20. Can a CA find out balance info on checking and/or savings accounts? I'm about to begin DV for my mother who we believe is not liable for a few accounts as she was only an AU. She is about to close on the sale of a house, and will have the money to the debts IF she is in fact legally responsible. My question is, while we fight the claims and or try to settle the debt, should she hold off on depositing the money into her accounts as it will be found and the CA's won't negotiate a settlement because the money is there? Or are bank account balances safe? Is any info safe with CA's? What about if the OC is also the bank where her accounts are, are those accounts any more likely to be discovered?
  21. My father added my mother to some of his individual accounts as an additional cardholder/authorized user. After his death, is she legally responsible for any remaining balances? I know she didn't sign any credit card applications, I do not know if he gave her SSN on the applications. These accounts have appeared on her credit reports. I have since added my mother to one of my credit cards as an additional cardholder/authorized user without her even knowing I was doing so. I only gave her name to the credit card company, no signature and no SSN. It would seem that if a person could be held financially responsible for another person's debt, they would need to sign some sort of agreement, right?
  22. The appeals court determined: "Brennan (plaintiff collection agency attorney) violated 15 U.S.C. ยง 1692g( when he obtained a default judgment against Spears (defendant) after Spears had notified Brennan in writing that the debt was being disputed and before Brennan had mailed verification of the debt to Spears." This means that you have an absolute defense in court to deny them judgment if they still have not validated the debt. Once you get your FDCPA dispute letter in, the collector cannot even get a judgment until they satisfy the FDCPA law. The appeals court overturned the default summary judgment in part because the collection agency lawyer did not meet the rules of the FDCPA. This could be grounds for getting a default judgment vacated. It's also another violation of the FDCPA and you can collect $1,000 from them.
  23. Am I reading more into this then I should? Or am I just confused??... When a collection agency responds to your request for validation with a summons to appear (meaning they are trying to get a judgment against you) 1/17/2002: These sneaky collection agencies are starting to catch on to the debt validation concept. (No doubt there is some kind of collection agency newsletter going around telling these folks about the whole process.) I've heard from my readers that some collection agencies are starting to respond to validation requests with summons to appear in court. There is precedent which says that a collection agency cannot even file suit against you if they haven't validated the debt within the initial 30 day period. If this happens to you, you may cite the case: Spears vs. Brennan Can the OC sue you if the debt has been sold or assigned to a CA that you DV'd?
  24. I know the best time frame is within 30 days of being contacted by a CA, but is there a time limit as to when you must begin the process of requesting debt validation? Do you give up your right to do so after so long?
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