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Everything posted by Denita

  1. So was the judgment satisfied? You said you paid the principal balance off - did they supply a recorded satisfaction to you or are they continuing to collect?
  2. ^^^ That's the truth about the political calls. I get almost zero calls on my landline anymore and during the past month running up to the election I got calls every hour - sometimes 15 minutes apart. It was insane, talk about harassment!
  3. Yes, you are right. The CRA's sell all kinds of lists to collectors. Once you gave your SS# and the Estate Recovery made any sort of inquiry into your file (background/credit etc), your name landed on a list that was sold to CA's and JDB's. These lists are complied by CRA's and sold as one more profit center for the CRA. Your (our) data is valuable. It's really awful how this whole idea of creditworthiness has morphed into tracking you (us) for any purchase/sale/event that involves a financial function. You weren't even borrowing funds, you were doing the appropriate paperwork for your mothers estate!
  4. I see that you live in AZ, a community property state. I am not familiar with the nuances of getting a loan in a community property state (my state isn't one). Make sure your income is enough to support the loan - speak to a mortgage banker now before you file for 2012 taxes. Many self-employed borrowers deduct too much to support the new house payment with the appropriate ratios. I think in community property states that your wife's debt will be included in your ratios - but verify with the mortgage banker. A pre-approval is not the same as a full approval. A good pre-approval will have you submit all of your documentation before it is issued so you don't contract for too much house, but the full approval is tied to a specific property using the actual taxes, insurance etc. If you are buying a newly constructed property, then the lender will estimate appropriate taxes. Yes, you will need to supply your tax returns to the mortgage banker to get the pre-approval. If they don't ask for it, then run the other way. No one can issue a valid pre-approval without having looked at your tax returns since you are self employed. You will need to supply 2010, 2011 and YTD P&L for the pre-approval.
  5. MachineMike, this original poster is a real person with a real problem with a scumbag servicer. Ocwen is the worst of the worst. Your post isn't helpful when dealing with an actual issue. OP, go to an attorney that specializes in mortgages and mortgage fraud. Ocwen has the absolute worst reputation in the servicing industry. Your selection of the appropriate attorney is very important and as stated above will most likely be on a contingency basis. Shop until you find the right attorney. Bring all your evidence (statements showing payments and letters from the various servicers). Do you have the mortgage statements showing you were current the entire time? If so, bring them.
  6. Remember also, you can do a short sale after your discharge. Chase is very cooperative with most, not all, short sales now as it is easier and cleaner to deliver clear title with a short sale than with a f/c. In most instances the lender/servicer/investor makes more money in a short sale than in a f/c. Contact an agent in your area that is experienced with short sales. Look for the CDPE designation (Certified Distressed Property Expert). I have found short sales after a BK to be a slam dunk when the seller has all of their documentation and their discharge in hand. After all, you have already been discharged from the debt so now it is just a matter of getting the mortgage lien release. You might even end up with $$$ in your pocket if you qualify for HAFA.
  7. Ok, a judgment is an entirely different thing than a collection. Your husband already lost in a court of law and a judgment was awarded to the collector against your husband. Of course, if he didn't show up to the hearing because he wasn't served properly, then it may be possible to get the judgment vacated. You will need to look up your states' statutes to see under which conditions you can (your husband can) vacate the judgment. If you go to this link it will give you a little info on judgments and down at the bottom of the page is the statutes for South Carolina so you know where to look for accurate info. Judgment Liens on Property in South Carolina | Nolo.com This is not a matter of waiting until the judgment drops off of your husbands credit report. Judgments in SC last for ten years (I didn't look up the rest of it, but in many places they can be renewed). Step one: get a copy of the judgement and the court case showing how your husband was served. Step two: look up the SC statutes so you can see what options you have. Step three: if you have to pay it, it can be negotiated. Don't ever mention you are looking to buy a house or property because then they will stick it to you for the full amount plus the accruing interest. Judgments accrue interest from the date of inception. Once you get it paid make darn sure you get a satisfaction recorded. Or better yet, see if the attorney will vacate as a condition of payment (that's not always possible, but worth trying).
  8. Also, its not that you can't file BK before 8 yrs, its that you can't file a CH 7. You can file a Ch 13 and there are 13's with very, very low monthly payment amounts. There is a time frame for filing a Ch 13 after you have received a Ch 7 discharge, I don't remember the time frame now but you can search for it. Don't let the "what if" keep you from making a decision that could help your situation.
  9. Frankly it looks very high to me. There are costs padded in all over that GFE info above considering the size of your purchase. If you would like a referral to a mortgage banker here in Fl where you can at least shop your rate and terms and costs, PM me. Otherwise, find someone else that will actually fund your loan and get a competive bid from them....
  10. Maybe not. The lender has five years to persue the borrower after the f/c for the deficiency. When did the property f/c? Same with the HELOC. The car, I don't know. But some of these lenders are pretty sneaky about getting a judgment with sewer service. Have your g/f look up her name to see if anyone has obtained a judgment without her knowledge. If so, she can get it vacated.
  11. If it is a judgment, you can check online under your name in the county you lived in at the time it was filed. It will be in the public records section. It might be under the Clerk of Courts area of the public records section, that is where it is in my county.
  12. Sound advice above - to add a little bit. Refinancing the house to pay off unsecured debt is a very bad idea. You are then converting unsecured debt to secured debt. It is the beginning of a downward spiral that could very well end up with a loss of your home. There are countless people here in my area that had purchased their homes well before the run up in prices. They then refi'ed during the boom period and now are either way upside down or have lost their homes. You would be better off to come up with a plan to fix your home without taking on additional debt and to make a plan to pay off your cards. You might consider bartering to get your home fixed - it works for both of the parties involved. Is your score lower because of late pays, collections and other items? Or, is it just your utilization bringing down your score. In either event, those items are fixable. If its just utilization, then you could have a much higher score just paying off the cards to less than 10% of the credit line. Try the snowball method.
  13. A stipulation of judgment essentially means you agreed to the judgment already - they don't have to sue you. Are you sure that's what you signed?
  14. Yes. But the agreement would have had to have been filed timely (before discharge). The quickest way is to check PACER.gov under your name. You will see the whole case file. It runs about 10 cents a page now.
  15. Actually if you read your mortgage you will see that they have the right to escrow for taxes and insurance and to increase the escrow amounts accordingly. It will be in writing in your mortgage. Look at both the note and the mortgage for a comprehensive idea of your loan. There are specific requirements each servicer has to meet for escrows. Look up RESPA and escrows to get an idea. You can start here: RESPA - Real Estate Settlement Procedures Act Home Page - HUD Having said the above - Ocwen is terrible. There servicing leaves a lot to be desired. They play every dirty trick in the book regarding application of payments and paying on your taxes and insurance. The best thing you can do is to make sure your payment is made on time or even early. Keep excellent records. Ocwen will use any excuse to put the loans they service into default. This can be anything from a late payment to forced placed insurance. They are very quick to start the foreclosure process and to not accept payments once you are late. One of the reasons they do this is because the get a larger fee for servicing loans in default than they do for servicing loans that are paid timely. Be very careful. The best thing to do is get your credit house in order to refi with a different lender to get away from Ocwen. In the meantime: pay the amount they request for now. Marshall your facts together. Go the RESPA route - don't be late with them for any reason. They are a notorius (that is the right word for them) sweat shop type servicer so the people that work there hate it. Please be very careful.
  16. If you were successfully discharged in your BK AND you never reaffirmed your mortgage, then the bank can not come after you for a deficiency. In fact, they can't even change the reporting on your cr report from iib and zero to reflect another status. However, if you do decide to leave your home, it is far better for you to short sale than to let it f/c. Down the line if you decide to buy another home, the lender will want to see the disposition of your current home and you will be able to show you sold it in a short sale. You are in a very strong position going in because even if your current lender only releases the lien - you had the liability for the debt released previously in the BK.
  17. Yes, the interest continues to accrue from the date of the judgment. Were you actually served when you were sued? Look to see if you can get the judgment vacated. You may not be able to get it vacated if too much time has passed. If you can't then there must be a way to settle with them. If you do manage to obtain a settlement, make sure you get a Satisfaction of Judgment to record in the public records. The Satisfaction is the only thing that puts a stop to the accrual of interest. PS, if you attempt to settle, never mention you want to buy a house or property. That is the whole reason creditors go for judgments - to get the big payday.
  18. Is the judgment paid or unpaid? If it is still unpaid, it doesn't matter if it comes off or not. Check the statutes in your state to see how long judgments last. In many jurisdictions they last 20 years. In some, ten years and can be renewed if done timely (your statutes will give you the method so be aware). The thing to do is check your public records, take care of the judgment first. Then handle the CR issue.
  19. Go to myfico.com and look in the "community" section (forum area). Go to the mortgage section and put 'dispute removal' in the search box. You will get names, numbers and the exact way to remove the disputes immediately.
  20. Read Coltfan's threads to start..to give you strength. The NACA attorney that told you it was illegal to record the collector has it wrong - there are rules for recording conversations. Some states are one party states and others are two party states where you need permission of the other party to record. Search here on this site - there are plenty of threads showing various ways to "ask permission". Also, there is nothing preventing you from taking contemporaneous notes during the conversation - perfectly legal. In any event, you might want to bone up a little here and show that NACA attorney your win when you get it.
  21. Go to a mortgage banker to get your home loan rather than a bank. You will have more success especially since you are trying to get the new mortgage loan with this outstanding alledged debt. Once you have the mortgage pull - expect Asset or whoever is handing the collection acct now to get pretty active in collection attemps.
  22. Yes, its very probable that the painter is looking to have the garage too for his equipment/stuff. This puts you in a difficult position. IMO it would make it more difficult for you to work this out with the current owner given these new circumstances. I bet the current tenant is putting great pressure on the owner for the garage.
  23. What was the issue that prompted the seller to contact you after 3 years - especially since they have since moved 2 hrs away? Is the garage a commerical garage in a commercial area (doesn't sound like it) or a residential garage? The only reason I'm asking is because there has to be some event that triggered this suit after 3 yrs. Had they contacted you prior to this with a request for back rent or did the suit just come to you out of the blue? If the suit came to you out of the blue - what is the current status of the property next door? Is it occupied by a tenant or is it up for sale? They may actually be preparing to sell and they are looking to have you vacate in order to sell the property. IDK - not enough info. But its worth checking into...
  24. Check with your attorney. But it sounds like a violation to me because once you are discharged the account should read iib and zero balance and not ever change status from that date forward. Look through the threads in the stickies posted by Lady N Red. She has a good one that details how accounts are to report after discharge.
  25. CC insurance is different from the other terms and conditions in the card. Some cards have protection for lost bags on a flight or damaged goods, but read the terms carefully, William, there are conditions to those terms. I wouldn't rely on the cc reimbursement without having each of the conditions in your favor IMO. Back to the original post, the cc insurance is a huge rip off. You are better off saving that money.
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