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About ndkblondie

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  1. Here is what they said in their letter: Regarding the charge-off date and the date of first delinquency, this information was provided by the seller, North Star Capital Acquisition LLC, when the account was acquired by LVNV on December 30, 2011. Due to this dispute, we have requested account statements from General Electric Capital Corporation (“GE”). Please advise xxxxx that it may take a minimum of 30 to 45 days to receive documentation from the GE and that we will forward the documents upon receipt, if available. This seems just wrong to me because they have already had 30 days and verified MANY times, why should they get another 30-45 days? They admitted they have no documentation to support what they have been verifying. They are saying it charged off on 12/08 and the dofd is also 12/08. I was in California for the duration of the SOL and am now in Michigan, not sure if there are any state violations here. I have the CFPB dispute and Direct Dispute with them outstanding. Should I wait for those results or move fast and get an attorney before they have time to dig up some documents and just update this ick trade line? I am going for a deletion or pfd. They also offered an identity theft affidavit, it's so tempting to just fill it out and be done with them when I know their reporting is such complete bs.
  2. Oops, I moved this to the collection forum. Sorry!
  3. Hi all, I am fighting with LVNV, here is a breakdown of what is happening and what I've done so far. I'm at a loss as to what to do next. Thanks for reading, looking forward to getting some help, I've been tackling this one on my own. This account with LVNV is making me crazy. It is reporting a dofd that is over a year later than it should be, effectively re-aging this account. Here is what I have done so far. -I disputed with all three cra's. LVNV verified the info. -I filed a bbb complaint, LVNV responded with the typical letter and in their letter provided their dates for dofd and original charge off as the same date, oops, Gotcha! -I disputed again with the cra's asking for reinvestigation, including documentation from the letter from LVNV that they are using the same date for dofd and original charge off date. All came back verified. -Filed a rebuttal to bbb saying this is impossible, the dates can't be the same. LVNV responded saying, not our fault we received that info from the collector we bought the account from. We don't have the paperwork on this account, need another 30-45 days to get the paperwork from the OC and will send it to you then, if available, so hang out and wait while we mess around with your life some more. They already had 30 days several times from the cra disputes, how much time do these jokers get? This can't be legal? -I complained against Experian with CFPB for poor investigation, came back with no change. -Complained CFPB against LVNV and Resurgent... waiting and waiting -Filed Direct Dispute with LVNV via email to Resurgent, Sherman (just for good measure) and LVNV, the LVNV email bounced back as no good. What am I missing? What should I do?
  4. Sorry if I was confusing, it's not a collection agency, it's the original creditor, US Bank, who is reporting. Can the OC US Bank show a balance and past due amounts on my trade line if they no longer own the account? I am not asking them to remove the charge off, I simply want it to show a 0 balance and 0 past due since they don't own it any longer.
  5. I have an old charge off from 2008 with US Bank, out of SOL in California. The original loan was an SBA guaranteed loan and the SBA took it back from USB in 2009. I made an agreement with the SBA when they took it back from USB and started making payments to them back in 2010. My CR is still showing USB as a charge off with a balance and past due amounts. I called USB to inquire about the status of the account. USB told me they no longer have the account, it is with the SBA and they can't do anything with it. I said since they no longer have it they can no longer report the balances and past due amounts on my CR. They disagree and say they can still report those amounts because they weren't paid. I told them this loan was federally insured and they have already been paid for it and it is not legal for me to be responsible for paying back this same debt twice. They are reporting the activity I paid to SBA in 2010 as THEIR activity even though I paid SBA directly and USB confirms they no longer have the account. SBA says they can't do anything and I need to work it out with USB. How do I get this sucker off my credit report if they are just going to verify it in a dispute? It's a biggie and we are trying to get a loan. To make things worse, our lender is now saying we should avoid disputing because there can be no disputes appearing on the credit report or the bank won't approve. Lender says disputes are very hard to remove from credit reports, they want me to work directly with the OC if at all possible. This seems to be taking away our basic rights to ensure our credit reports are reporting accurate information. Thank you!!
  6. These are all out of SOL so no danger of being sued, from 2008 and we are in Cali so 4 years. Our broker said as long as they are all paid he can get it done, my question is does a 0 balance on a CO suffice or does it actually have to say the word "Paid" on it?
  7. We are recovering from devastating loss and ruin to our credit from 2008 and now ready to purchase a home. Many of our charge offs and collections read as 0 for balance and several are still showing a balance. Three questions: I read that charge offs should all read as 0 balance, is that correct? I have two trade lines that say they are still in collection but in the comments they say they are charged off or sold, what do I do with this conflicting info on those trade lines? To qualify for a mortgage, does the trade line need to read as paid or does a 0 balance do the trick? This will make the difference on whether we can get it done or not. Thank you!!
  8. Thank you for the replies, what a relief! My main reason for looking at short sale over foreclosure is to cut down the time for moving on after all this is over. My mtg broker friend tells me the rules have changed yet again and it's a 4-7 year wait for a new mortgage after a foreclosure and a 3 year wait after a short sale. We aren't looking at jumping into another loan immediately but being able to buy an affordable home in three years seems very feasible to me. I understand that a short sale can also have lien issues that a foreclosure wouldn't have.
  9. My bk 7 was discharged in May of 2011. On my debtor's statement it says Property will be Retained with the "other" box checked to avoid lien using 11 USC 522(f). What does this mean? We tried to work out a loan mod and finally now have the offer from the bank. We still can't afford it so now want to know if we can Short Sell or Foreclose and still be protected under bk7. Are we still protected this long after the discharge and under the way it was entered on the debtor's statement? Is a short sale or foreclosure better for making sure we are covered under our bk? Thank you in advance.
  10. Filing date was 9/21/10. I agree, this attorney is either terrible or is over booking himself and not properly serving his clients. She claimed 0 during the year so they could hopefully get a refund and maxed out exemptions as well. What should she do?
  11. Ok, so my options are: After my discharge which is near... Attempt modification and try to negotiate with Chase to include a lien release for the 2nd mtg. Chase owns both my 1st and 2nd currently. If Chase again (this happened last attempt) refuses to remove their 2nd in modification, take the mod on the first and attempt to settle with the 2nd for pennies. Risk chance of being sued/pursued by 2nd if they refuse to settle because it's after the bk? Amend my Statement of Intent in my bk to read "Surrender" instead of "Retain" on both mortgages and kiss it all goodbye and good riddance.
  12. Denita, I just found Debtors Statement of Intention in my docs on Pacer for my first and second mtg. It says property will be "surrendered" or "retained". The retained box is checked and below that the box is checked that says "Other" Avoid lien using 11USC 522(f). What does this mean? Do I need to change this to successfully include the loans in the bk?
  13. Found it, yes it is! I also know that I did not sign a reaffirmation agreement. Does it sound like everything is in order?
  14. Denita, I did have the Ch13 conversation with my attorney and he said it was an option but agrees with you, he said it was new ground and not a good option. I'm not willing to take that chance. Thanks for replying to me in both places. I'm trying to honor the right discussion group but I have some overlap in this situation.
  15. Ok, I checked my schedules and my 1st and 2nd mortgages are listed on Schedule D - Creditors Holding Secure Claims. If it's listed there am I ok? Does it need to be anywhere else to make sure it's included in the bk, officially "surrendered in the petition"?