oneobserver

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Everything posted by oneobserver

  1. In negotiating with collectors and CRAs or even in 'helping' them have information about you that you may not necessarily want them to know or have, I thought I'd share some resources on how to clean up your personal presence on the internet, so I am posting this here but it applies to the other forums as well. This is a step further in Opting OUT, in this case from sensitive personal information available on the internet. Here are some great articles on getting your name removed from internet directories: http://www.usatoday.com/tech/columnist/kimkomando/2006-10-05-database-info_x.htm http://www.bargaineering.com/articles/how-to-remove-private-personal-information-from-the-internet.html Hope this helps.
  2. Can you file a voluntary dismissal if you work out payment to creditors in a chapter 7 BK ? If so, is there any effect on credit if you sort of take it back and pay everyone? Can it be entirely vacated in court records so it doesn't show up?
  3. I'm new too but have 500 problems, you name it, I'm dealing with it or recently have, lol. I can only speak from experience so if there's anyone else that would like to chime in and help LHCC, by all means. I sent the first letter disputing all personal information and judgments, I got replies back within 2 weeks or so, all personal info corrected and judgments deleted for the most part. Round 2 is after the 30 days from the Receipt (green cards).
  4. One more thing, if I filed a Quiet Title Action and a Lis Pendens on behalf of the trust, what impact would it have on the foreclosing Plaintiff's action?
  5. NY case Defendants in foreclosure case are also in mat court on a case that started before foreclosure complaint was filed. Both are still active. Husband on Mortgage Note solely, Husband and Wife both on Deed. (Wife never actually signed nor initialed actual Mortgage document, forged signature/initials on Mortgage document, the Mortgage Note is ok as it is only signed by Husband-part of foreclosure problem and just background info) In 2009, a mat stipulation conveyed Husband's interest in Deed to Wife, deed was not transferred. In 2010, a mat stipulation conveyed Husband's interest in Deed to a Trust, fbo their child. Wife is Trustee, both Husband and Wife are Grantors. Question, if Wife (and Husband) Quit Claims Deed to Trust, does it: -strike the Due On Clause (as Trustee, she still has an interest) -have an effect on foreclosure Plaintiff's ability to proceed with foreclosure? -have any other considerations in the foreclosure matter? Again, the conveyance stems from a decision in matrimonial court. PLease, please, please any insight? thoughts? comments? caveats?
  6. First, just as in sports training, a credit-cleaner-upper has to get in the zone. What the CRAs are reporting is in YOUR file, the file that tells a story about YOU, the file that determines what mortgage YOU can get (and therefore, where YOU can live), determines what job YOU get (yes, employers do check credit more than ever), it determines what car YOU drive, YOU get the idea. And also very candidly, the CRAs are sort of YOUR employees, their job is to maintain YOUR file. This is YOUR game. So, as the CEO of YOUR CR, you are taking ownership of what happens to it and you have 3 'employees' YOU need to manage. In the zone yet? Just Do It (swoosh) OPT OUT (by phone works, your 'employees' will do it right away, jot down date you called, person you spoke to, etc.) 1st dispute letter-as in previous post, can be verbatim or you can customize. -Remind them you opted out and that no prootional creditors should be allowed access to your file, state date you did, person you spoke to, etc. -Dispute ALL personal information. You only have ONE legal name, ONE legal domicile, ONE phone number, ONE current employer. The report your 'employees' keep should reflect who YOU are as of that day. -Include any big ticket items such as judgments. Write: Judgment Creditor, Date, Amount There is no such judgment of record # (number) from this Court, for this date, for this amount, against this party, from this creditor. If this entry is verified, please send me the name and address of the provider or furnisher providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies. Please remove IMMEDIATELY. When CRAs respond, see if they deleted everything inaccurate, if not: 2nd round of 1st dispute-Now send a Verification letter and include every item requested in 1st letter that was not deleted. There are many excellent examples of these letters on this site. These letters have very strong language. You are not kidding here, as CEO you are on top of these slackin' employees! Hey, it's YOUR file. Wait 2 weeks and in ,the meantime, send a Validation letter to any Collection Agency reporting any of the items that were not deleted. Be brutal, heck, they are! 2nd dispute letter to CRA-address anything and everything and all you didn't address in the first letter that you know is inaccurate. When CRAs respond, see if they deleted everything inaccurate, if not: 2nd round of 2nd dispute-Now send a Verification letter and include every item requested in 1st letter that was not deleted. In the meantime, send a Validation letter to any Collection Agency reporting any of the items that were not deleted from the 2nd dispute, again, be bold, be brutal, Just Do It! Repeat as necessary. The steps above simply control the damage and allow a credit-cleaner-upper to stop the hemorrage. However, in my humble opinion (and I don't say this lightly, there are very knowledgeable members on this site), credit repair is two prong: you stop the damage WHILE you rebuild credit. Rebuild credit: -Negotiate any open collections (use approaches such as pay for delete, etc.). This is AFTER you get a response back from VALIDATION letters and if you really owe the money as they state you owe it (date, amount, creditor, etc.) -Check the SOL on anything that wasn't deleted and dispute it again if over SOL (check state SOL ) -Get a secured credit card that reports to the 3 'employees'. Use it only to 30-50% of it's value and pay it off completely every month. -Get a secured personal loan from a local Credit Union, pay off 1/2 the first month-very important, then make timely monthly payments and pay off early. -Don't start applying for credit cards since it lowers your score and you get hard inquiries. Wait until several things are deleted, get your own score and if you're in the 600's you may want to apply for fair credit friendly store cards. My 2 cents, anyone want to chime in? Just Do It!
  7. First, dispute personal data--name variations, old addresses / telephones / employers. I used this and it worked: To whom it may concern: Going over my credit report, I have found it contains many errors. I request your investigation of the following "personal information" and “inquiries”. For the record: 1. My name is: JOhn Doe. Please remove all other name variations IMMEDIATELY. They are not accurate! 2. My current address is: 111 Main Street, City, ST, ZIP. Please remove all other addresses IMMEDIATELY. They are not accurate! 3- The list of Employers and their reported dates are not accurate! Please remove all inaccurate data IMMEDIATELY. 4-My telephone number is 111-555-1212. Please remove all other variations of telephone numbers IMMEDIATELY. They are not accurate! 5-Notices-There is no business at this address, please remove all INACCURATE data IMMEDIATELY! 6-Inquiries-Bad Credit Checker, City, ST, ZIP This is NOT an authorized inquiry nor a legal one as my file is marked as Opt-Out. Please remove IMMEDIATELY. The FCRA Law requires that Credit Reporting Agencies must both VERIFY and CONFIRM COMPLETENESS of the Account History they report or DELETE the listing entry should they fail to or verify as Both COMPLETE AND ACCURATE. In addition, if verified, please notify me indicating the name and address of the provider or furnisher providing this data, and the manner and documents obtained in which it was provided in order that I may pursue additional legal remedies. Per the Fair Credit Reporting Act, send me notification that these items have been deleted, as well as an updated copy of my credit report. Sincerely, LovelyConsumer AFTER you disassociate your profile from old names, cities, states, phones, THEN you begin to dispute EVERYTHING. My two cents.
  8. Ok, so I got a copy of the original judgment which also has a copy of the Affidavit of Confession of Judgment. My name is spelled incorrectly. The Judgment was entered March 2007, the Affidavit signed Feb 2007. Is there ANY way I can motion this to vacate it?
  9. Hi, what was the SOL and is the SOL state-specific? Also, were they paid or unpaid liens?
  10. I learned: ALWAYS manage/supervise your finances when married, NEVER sign anything without a thorough review done by YOU or an attorney of YOUR selection GET a prenup the next time and observe the first point, ALWAYS lol, seriously though
  11. Yep, totally agree. I'll motion to vacate first on the basis of being uninformed. Once removed I'll go for 25%, which I think is very generous. In the meantime, I had obtained my 3 credit reports and sent them each disputes since this item and all the others were either inaccurate in some detail or incomplete. In that letter I also asked that if verified, to tell me the furnisher of information, method of verification, etc. My point with this was to track exactly who is feeding public records information to each of the CRAs. I sense it's Lexis. So instead of also requesting reports from Innovis, Lexis, Lakeside, Thomson, ChoiceTrust, courthousedirect, I am waiting to see who is feeding who, I'll post it here when I get it. As I clean this up, I'm also building new credit. Even with all 4 unpaid judgments I was still able to open 2 store cards about 3 weeks ago, go figure!
  12. But wait, you say worst case is to pay the $3,000. The lien and judgment are for the original $2,400. $3,000 is what the legal plan attorney negotiated with the OC's attorney/collector on the basis that it had accrued interest and a year earlier I talked to the attorney and he in turn told his client I would pay $3,000. He told my attorney he was embarrassed to go back to the client with a lesser amount. I guess it depends on first getting the judgment lifted to increase my negotiation posture.
  13. Please don't misrepresent my statement, it is not your comment I was reflecting on by any means, I understand what you meant. I was reflecting on my own pence wise and pound foolish credit behavior. There was a lot going on in 2005-2006 in my life, none of it good, and I was truly mindless about all of this, as is evident. I should post on lessons learned: Always manage or at the least supervise your own finances when married. ALWAYS read and analyze documents/agreements, consult with a lawyer, at least a law student! NEVER believe an opposing attorney, lol. daa NEVER SAY NEVER (and I don't mean Bieber), this credit will get fixed!!! Etc
  14. In looking at this credit mess, I'm just downright stupid, I should tell the court that...
  15. Thanks Denita. I am an unsophisticated consumer, will do. You're right, I don't have much else going for me on this one.
  16. All trading requires knowledge, otherwise you're better off going to Vegas and statiscally have the same chance of making money. I began position trading exactly 13 months ago, last July I made a 50% return, on average I've been making a 30% return, in December I had two bad trades but had a mental stop gap, sold them and then went back in at the lower price. However, I don't trade penny stocks, too volatile and risky for me, I trade ETFs, in particular triple or double levered. I did have to learn how to read charts, and stay attuned to the general market (futures pricing, announcements, etc). But I don't 'invest', I trade. Two way different disciplines.
  17. But isn't negligence of the law not an admissible defense generally?
  18. LOL. Technically, at the time I thought I was just agreeing that I owed it and willing to pay it, I didn't know I was also agreeing to have a judgment against me! Ahh, hindsight.... What is the website to look up case law in NY, do you know?
  19. Thanks Denita, very good points. It is the same debt, I guess he was securing payment. I think my best strategy will be to first file a motion to vacate the judgment, not sure on what basis, and then negotiate the settlement inclusive of vacating the lien on the basis it's in 4th position and that I'm waiting for foreclosure judgment and that the chances of getting paid are nil.
  20. This seems to be an ideal time for those with JPMChase problems-mortgage or cards! You see, JPMChase is perceived to be one of the few institutions that got through the financial crisis with very few scars at the time. In managing their Operational Risk, broadly one of the governance mandates by the OCC (their primary regulator- as it is chartered as a national Bank), the SEC, the FRB and the FDIC, JPMC does NOT want, in layman's terms, to continue the ripples. Continuing with JPMChase's risk governance, time is of the essence in getting your negotiations rolling. The reason is that JPM Chase, and many other institutions, constantly scan the internet for what they call 'brand intelligence' and identify every single blog, forum, website that contains the keywords they are interested in such as, obviously, their corporate or product names, among other things. One such service provider/product is Cyveillance, for those that were wondering. The banks, the foreclosure mill law firms, mortgage servicers, etc, they all use these products/services including the CRAS!!! Please note this when reading through forums as data may have been picked up and links therefore are no longer valid.
  21. and it reports to the three CRAs as a regular card and has relatively low fees (not ideal but it's the best of most APR evils): Applied Bank. I pay the full amount owed every month, have it since august 2010. The only caveat is: one month I forgot to pay it for 2 days and did pay it, however, they froze the card for 15 days. But it was not late per say and certainly is not reflected on my reports. Good card overall. I was thinking of also getting the Public card but instead I am going to approach a local credit union and do a secured loan instead. The reason being is that the ideal rebuilder's credit portfolio should be: 5 tradelines (2 installment-mortgage. auto, loan and 3 revolving-store, major cc including secured cc's). I don't have current installment lines so this should help.
  22. POD-Publish On Demand- is probably the best way to go as it is relatively low cost, you hold no inventory, and many POD firms will list your book on sites like amazon (dot) com. You will most likely make less $ per unit sold, but consider it as an advertising cost: ie readers don't know you yet so it's not a bad strategy to get started and in a way it's passive income. Some POD firms include: Action Tales, Aventine Press, Biblio Books, Book Locker, Cork Hill Press, Infinity Publishing, iUniverse, Llumina Press, Lulu, Page Free Publishing. VirtualBookWorm, Xlibris, Xulon Press. Most of these publishers will give you an initial number of printed books based on the package you buy, from 2 to 10 copies. Beyond these publishers, you should market your book on your own website even if it's a one page site (Blogger/Wordpress are free). Identify who are the likely readers of your book and market to them, Here are some ways: Local Market (at least to get some hype going from the start): Create a 'Meetup' book signing. Talk to your local coffee/tea shop and tell them you're bringing a small group of people for a book signing. The point here is not the people that attend the event but rather getting all your book's information on the meetup (dot) com site as they have excellent SEO. Create a 'book signing' event through eventbrite, for the reason above. Create Press Releases and post them free wherever you can. Of course, create social media profiles-including google places if you can use some kind of street address somewhere (virtual office/address which can be in any city you want but there's a $30 to $75 monthly cost to it). google is a lot more effective than other sites. Send a copy to your local newspaper editor (even if it's just a print out of your manuscript AFTER you fully registered your creation). I personally am thinking of using aventine press for its high royalties and low cost package. This is after I fix all the credit nightmare I'm dealing with!!!!! My book is on innovation.
  23. The property which the lien/encumbrance is attached to is in foreclosure and it is in 4th position (after of course the mortgage itself which is also upside down), Given this, do you think they may be willing then to take less than the face amount? If so, what is your take on what I should start at? Again, I fully understand your reply is solely an opinion and not legal advice, but you certainly have a much better understanding than me ! I greatly appreciate your insight.
  24. No BK but just got Macys and victorias secret with 4, I repeat 4, unpaid judgments.