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About JiggaMan

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  1. Quick update - When I called the collection company to rehab the student loans they advised me I could and that they would be sending me papers. Prior to receiving the papers for the Rehab. They sent me bill, I paid it thinking it would go towards the first out of ten payments. (3) Days later I received the "supposed" rehab papers. All wasn't as it was explained. I had papers for a loan consolidation which included a new promissory note with a higher dollar amount and an application for the WDford program. Which is not the rehabilitation program I was looking for. I then spent 2-3 hours bouncing around agents requesting the rehabilitation, end result is I needed to send 10% down payment on my student loans if I didn't authorize them to take directly from my checking account. I sent the 10% in the mail, just waiting for them to receive it.
  2. According to the National Student Loan Database, I have 5 student loans, the first was paid off in full and was a consolidated student loan. The 2nd, 3rd, and 4th are now defaulted. They amounted to $4,000 dollars the 5th loan was paid off in full. My problem is I am Ignorant, I thought I consolidated all my loans and paid them off. Fact is I am now in collections for $5,800 for $4,000 worth of student loans. I do not want to dispute the loans in their entirety but want to dispute the absurd interest rates they are charging now and any late fees. My argument is I was unemployed and should have been in forbearance or deferment which I requested when I was out of school. I purposely took out a home equity loan in 2005 to pay off my student loans. I never received any communication from NSLP or any other company regarding the unpaid loans until recently on my credit report. As of right now I am rehabilitating the (3) student loans with tiny payments, once rehabbed I will consolidate and pay them off in full. I am looking for any information on how to challenge the excessive interest and fees portion of the student loan debt. If you are reading this and know how please reply with how I can, if you do not think it is possible to get the fees removed then please reply not possible. If I receive 0 feedback, I am just going to send a debt validation letter to the CRA's, NSLDS, NSLP & the collection agency disputing the fees and high interest rates. Then will update this thread with the results.
  3. As far as advice, take it slow. Looking at all the documents is quite daunting at first. The complexity is determined by your assets. If you have nothing and are dirt poor then it should be fairly easy. If you have 500k in assets you probably need a lawyer. I recommend taking the means test first, then seeing if you qualify for the filing fee waiver. If you qualify for a waiver chances are you should be able to get through it yourself with some online research. If you are going to tackle it yourself, don't overwhelm yourself. Set up realistic goals and expectations where you can attack 1 section at a time so you aren't spending more then an hour a day on it. If you are stuck on something google it you will find people asking for assistance for the exact same thing, and there will most likely be an answer. There are some great sites you can find online for free lawyer advice and forums with people giving their experiences. Get the kids on medicare, no child should go 8 years without seeing a dentist. Best of luck.
  4. You have to get approval from the lender. Yes there have been short sales completed without the affidavit. It is a policy not a law.
  5. A law is enforceable by the judicial system and its main purpose is to bring justice to the society. However, a policy is a set of rules usually set by organizations and corporations to achieve certain goals. The Affidavit you are describing is a policy. I have found no laws supporting your statement. It is my understanding that the lender has final say, on who can purchase a short sale. I would never recommend signing an agreement with terms you can not adhere to.
  6. Can you file a voluntary dismissal if you work out payment to creditors in a chapter 7 BK? No If so, is there any effect on credit if you sort of take it back and pay everyone? If you work out a pay for deletion it would probably help your credit scores. Can it be entirely vacated in court records so it doesn't show up? No, your best bet is to dispute the bankruptcy every 60 days with the major credit bureaus if you are very.very.very lucky it may get dropped, chances are you will likely need to wait 10 years before it falls off your reports
  7. A short sale to a family member is not fraud. In today's market 99.9% of all short sales are below market value. The lender agrees on the price and could care less who the purchaser is as long as they get their money. The actual person who buys it is irrelevant, provided the buyer and seller are not the same entity. You can even tell your lender your mom or whomever related to you is interested in buying the property they will not care. There is even a good chance you can get a family member to bid on the home in a foreclosure auction and get it *FAR* below market value, but there is a slight chance someone else outbids.
  8. You can file bankruptcy as many times as you like following a dismissal, each one will grant an automatic stay, until a judge orders otherwise. Just make sure you file Pro-Se and continuously make errors and forgot to file papers by the deadlines. Act as if you are dumb/ignorant rather then arrogant/cocky and you will be fine. If you can qualify for a filing fee waiver then nothing is stopping you. I have a neighbor who is on her 5th bankruptcy and when the lenders lawyer file for a relief from automatic stay due to abuse. The judge has continually denied it, with all the foreclosures and shady lending practices some judges are starting to stick up for the people. Which is a good thing, making lenders work harder on loan modifications. If you can't get a loan mod, try getting approval for a short sale, and if you have a trustworthy family member that is willing to help you out you can try selling it to a family member slightly below market value. If you really want to stick it your lender for not getting you that loan mod. Sign a 2 year lease to a friend (not a family member) at 60% to 70% of current market rent so that when they finally do sell your home in foreclose they can't get you out of it for 2 years as long as you (your friend) is making payments on time......there is like 5% chance that whoever won the home auction would want to make it a primary residence which would then only allow you (your friend) 90 more days at the property. 95% auctions go Real Estate owned or to private investors who will not occupy the home as a residence. The tactics above are very shady and if are found to be premeditated could be considered malicious acts in a court of law.
  9. Been trying for several years to get NELNET to remove Negative reports for student loan. Has anyone ever had success with these guys? If so do you have contact info and/or a sample letter of what you sent them?
  10. If you never agreed to the purchases and they ask about purchases, challenge them. Answer "I Do Not Recall" for all purchases. Ask for your signature authorization for each charge, advise you only authorize charges with your signature. If a signature is recorded, do not recall signing it and use your Driver's License to compare the signatures and point out any noticeable differences in the signature. I have been sued (3) times, they hope you don't show so they can get a default judgement, they either don't show or the lawyer there that has no idea about the case and requests to continue it. Chase, Discover & RJM acquisitions all attempted to sue me all cases were dismissed, they didn't receive a dime.