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Everything posted by SashaM

  1. They are all old credit card debts that have been charged off and sent to collection agencies
  2. Okay, Im confused. I've read up on "tolling" and reviving zombie debt so here is my dilemma. I've got a few debt scheduled to fall off this year and the rest next year. The debts were all incurred in Michigan but I've lived in Minnesota for 5 years now. In 2009, I hired a debt management company (I know, I know) to manage my debt and they made partial payments to a few of my old debts in 2009. I cancelled them when I wised up and no payments have resumed since 2009. I've read up on the rules in Michigan and Minnesota, not sure which applies. Minnesota seems to say any new payment revives debt. But Michigan requires a new, written promise to pay to revive debt. Does anyone know if debt management companies make new written promises to pay on your behalf when you sign up? I never spoke directly with any of the creditors. Have I revived the zombie debt and now they are collectible by lawsuit for at least another 2 years?
  3. Hi everyone, I wanted to provide you guys with an update on what is happening with my horror story in case anyone is still interested. Let me preface this by saying I am NOT named on the mortgage, this is my grandparents mortgage on their house, someone messaged me and asked why I didnt just go to court and the answer is 1) attorneys have seemed leary about fighting either ocwen and chase since they aren't threatening foreclosure and they could just bury us in ligitation forever and 2) I am not on the mortgage so anything that happens my grandparents have to agree to. Essentially, this ain't over. Chase has finally gotten involved a little but they havent really helped. They forwarded us and Ocwen a statement letter showing that they did, in fact, transfer the servicing rights to Real Time Resolutions in 2009 before they gave it to Ocwen in 2012. Unfortunately, the status of real time resolutions is unknown. No responses from real time to any of our letters and their website is a barren wasteland of nothingness so we think they probably arent in business anymore. But we feel like coupled with the years of bank statements showing all the payments were made in full and on time and the letter from Chase indicating that Real Time had the servicing rights from 2009 to mid-2012 before it was passed to Ocwen we have an iron clad case to show that Ocwen and Chase are fradualently handling the mortgage. Now the impossible part, convincing my grandparents to take Chase and Ocwen to court. They have no interest whatsoever in going to court. They feel like "hey they are not trying to foreclose, let's keep doing what we are doing" However, I should also state they are paying $800/month right now for their mortgage. They only owe $420/month based on their mortgage note. The payments are higher because Ocwen upped their payments to collect the "unpaid balance" They are losing on almost $400/month to fradualent reporting. Both of them are retired and if they had that extra almost $400 a month they could live very comfortably. Even more important, that is their money not ocwen's. However, they don't want to pay less because they are afraid Ocwen will push them into foreclosure proceedings if they just pay the $420/month. It's incredibly frustrating that my grandparents don't want to fight them but I am working on convincing them that suing ocwen and Chase for mishandling their mortgage is the right thing to do. And God forgive me but if i had any legal power whatsoever, I would MAKE them go to court over this insanity. It is horrific what Ocwen is doing and what Chase is condoning and who knows how many people are overpaying, being foreclosed on, leaving their home because of poorly handled mortgages. Ill keep updating. I hope my story helps others and if ANYONE and i mean ANYONE wants to ask me question or if there is any information I can provide to help someone else with Ocwen. Inbox me
  4. I'm thinking I have nothing to lose maybe i should just try it out with the larger debt and see what happens. I don't see a down side. Worst they can say is no. Thanks for the input. Any point to any sample letters I could use? I've heard the ones on the main part of this site arent that great.
  5. Ugh, I figured that was the response I would get. I kind of hoped my bargining power would be the fact that it will take them 15 years of payments to even get 16K in interest and that's assuming I don't pay it off faster (I probably will pay it off in like 2 years but just not all at once). I currently owe only $12K including interest. Also if i decided to just stop paying the payment, they would have to find me first to collect and that will cost them time and money. As far as they know I am still in my original state and unemployed. (I wouldn't really stop paying the monthly payment but I would hope they would think that and want to settle to get as much as they can now). Oh well, thanks!
  6. Okay, I've been slowing getting my personal credit together and I have a few of curious ones. 1) I have a rather large judgmeent for $9000 (with interest its probably almost 12000 now) that I got in 2011. I do owe it and all the service and everything was proper. I set up a payment plan for $200/month that's documented on the docket with the courts that both the attorney and myself agreed to it. I can comfortably pay the payment plan but with the size of the judgement and the interest on the judgement, it would take me almost 15 years to pay it back and I would pay $16,000 in interest alone!! I don't want that, I'd like to buy a house in a couple years. I don't have enough to pay off the entire balance but I could probably pay around $5000 in a lump sum. I should clarify that this debt is out of my current state of residence and they are unaware of my employment or bank accounts (not sure that matters?). My question for this one is would they have any incentive to take a settlement of less than is owed at this point? Should I even pursue a settlement? My take is I figure since I'm abiding by the payment terms anyway, I can't really lose. Any thoughts? 2) I have another judgement (I only have 2, I swear lol) This one is smaller and older. Only $1000 and granted in 2007 from Capital One and it was done properly. Also out of my current state and unaware of my employment and bank accounts. With interest this one is probably around $1300, which I could probably handle. I don't have a payment argeement with them but I wanted to try and settle for around $600. I'm not sure if that's enough but they havent been able to collect for almost 6 years so maybe, right? Again, any thoughts on likelihood of them to accept a settlement? How should I approach them about a settlement? Call? Write? 3) This one makes me angry. I have a collection account on my credit reports from some CA. They do not own the debt and its collecting on behalf of an apartment complex. It's from 2007 and apparently from an apartment complex I used to stay in. I did stay in the aparatment complex but when I left, I didn't owe anything as far as I know and never got any paperwork for past due owed. It's for about $4000. By the credit report dates, it will drop off my report next year in August. By the state SOL, it will be past the SOL in August of this year. Also out of my current state, unaware of employer/bank accounts...for now I guess. I called the CA and asked them to send me some verification of the debt. Or some documentation that I owed it. They said they did send out info in 2007 (to some address I didn't recognize) and they would not send out anymore paperwork to validate the debt. WTH? Well, Im not paying a debt they won't even send any documentation for. So how do I proceed with this one? Just let it roll off in 2007? If they decide to sue in these last few months they are able, will they have to sue me in my current state or will I have to travel all the way back to the state the apartment complex was in? And will they have to find me first? Maybe I'm worrying too much about it but my plan was to let the SOL pass and then contact the CRA and see if I can get it removed. Also they told me a payment was made on the account in 2009, I didn't make it, does that matter? I've heard it can reset the SOL? Thoughts? Any feedback or comments are appreciated. Also would like to hear from anyone who has ever settled a judgment for less than is owed. What did you settle for (percentage) and what were circumstances (old debt, garnishing wages, etc.), get it in writing?
  7. Just a few of quick questions 1) I have an Old Navy account that finally fell off my TU CR but its still on my EX and EQ report. I thought that all the CRAs can only report the info for 7.5 years from DOFD which should be the same for the same TL across all three CRAs. Is that right? 2) Also I have a TL from AFNI that I have no clue where it came from but it says its from ATT mobility services...but ATT is not reporting on any of my CRs. Are they breaking some rule by allowing a JDB (AFNI) to report on my CR longer than the OC (att)? 3) Should I dispute the same TL on all 3 CRs at the same time? Or should I dispute the TL at one CRA and then dispute them at others after I see what happens with the first? All help is appreciated! Thanks!
  8. The CA is not obligated to provide you with all that information you requested. FCRA just states your are entitled to receive the name of the original creditor and the OC contact information. A good DV letter only has to say something like Midland To whom it may concern, Account #XXXXXXXXXX I dispute the validity of this debt and demand validation of this alleged debt. Me That's its. As long as the credit card statements have the OC name and contact info, they have done their part. I don't know if you will be served, they may just be trying to scare you or they may file suit but remember a lawsuit has to be worth it for them. They may let it go or they may not but either way there isnt much else you can do now. Send a letter saying that you received their letter and the debt remains in dispute and then wait and see.
  9. Does anyone reading this know what it means when a mortgage is charged off? I know what it means when a credit card is charged off but how is a mortgage charged off?
  10. No, we didnt hire an attorney. The least either of the 2 attorney's wanted to get started was $1200 but both of them advised that we not be the one to start the legal proceeding against either Chase or Ocwen. They said let them start the proceedings if they are going to do it because whichever way it goes its likely to be a long fight and if Chase nor Ocwen has started the fight, that might be a sign they dont want the fight. I think we could get the money together if necessary but I guess for now we are going to just keep sending in our documentation and trying to get it straightened out.
  11. Update 5: Chase assigned us an account manager just for our loan and said to call him if we need help getting to the bottom of this. We call literally everyday and leave messages and he has never answered nor returned our calls. His voicemail says "I always responded within 24 business hours (which is a like 3 week days)" but we have been calling for almost 2 weeks and nothing. *sign* Update 6: This one is the newest thing, yesterday we got a letter from chase that was just one page. It said the following (Ill paraphrase it) In response to the RESPA letter we received, here is the loan transaction history (another spreadsheet similar to the one we got through the CFPB), your note (original payment note) and security instruments (couldnt even tell you what this bunch of documents in legalese) Please contact our recovery dept so we can discuss the status of this loan. According to our records, this account was charged off October 2011. (???) The investor of this loan is Deutsche bank. Chase contact info. I also did a little research on mortgage charge-offs and says this only happens when no payments are made (WTF!?!?). No one told us about a charge off and again we have the bank statements showing all the payments were made! how can they do this. It also says this typically happens on second mortgages not first and only. This is their first and only mortgage. Thanks for listening. That's all for now...will update again soon. Reply with questions, comments! They are all welcome.
  12. Hi guys, I just wanted to keep updating with info and letting people know what was happening with us. First, I wish I could share some of the actual documents with you guys rather than me trying to type them up so you can see what these differnet entities are saying themselves. But I don't want to post our personal info (bank statements, account info, addresses, etc.) I've PDF'd all the letters we have gotten from everyone so if anyone knows a good way to black stuff out let me know so I can post stuff. Also let me know what would be good to post that you guys would want to see. I want to open because I really believe that whatever the outcome of this for me and my grandparents, the info will help someone else. But anywho here are some updates. Update 1: Real Time Resolutions (The servicer that had our mortgage before Ocwen) has not responded to us AT ALL. No responses to our letters asking for statements, no return phone calls, nothing. We just figured since they arent making any money off us anymore then they dont care and we cant find anything that says they have to respond to us so thats that for now. Update 2: We talked to 2 different lawyers who said our case is great (great documentation to prove our claim) but we weren’t the only ones! Can you believe that?! They both said over the past year they had seen a huge increase in people coming in their office with similar stories and frankly while these cases would be a slam dunk, logistically speaking, they would be a nightmare. The first lawyer said these big banks tend to just bury people until they give up and since they arent suing (yet I guess) to just keep disputing, keep collecting good records and let them initial any legal suits. We have a better chance of winning if the bank has a bad lawsuit and we some really good responses and a good chance of beating them back and getting a nice counterclaim. The second lawyer said something similar but also said since the value of the house is so low (little less than 30K) and the mortgage still has $50K+ owing on it down from an amount owed $70K when they got the mortgage they probably wont both much with it especially since we have been fighting them. She said the banks want house they can either break even or turn a profit on or at least aren’t costing them money so just keep disputing and leave it alone. A little bit depressed with these responses but it is what I get. Update 3: After the talk with the attorneys, my grannie didn’t want to send our story to a news outlet. She said she would be willing if it escalated anymore but right now just “let it be baby don’t poke a bear unless you got your running shoes on” her words lol…grannies. Update 4: Ocwen responded to our CFPB complaint. I will copy and past their insane response below. The Office of the Consumer Ombudsman for Ocwen Loan Servicing, LLC (Ocwen) would like to take this opportunity to respond to your recent concern regarding the referenced loan. The Consumer Ombudsman was created to provide Ocwen’s customers with a resource to assist with unresolved concerns and issues. Ocwen's records indicate that the loan originated with Chase Financial Services, LLC on July 16 2004. when you purchased the above referenced collateral property. On July 12, 2012, the servicing rights of the loan were transferred to Ocwen with the loan past due for July 01, 2008 contractual payment. As Ocwen was not involved in the origination of the loan it would not be able to comment on concerns regarding the origination of the loan. Ocwen is obligated to service the loan according to the terms and conditions of the original Note and Mortgage, copies of which are enclosed for your review. However, by signing the documents, you clearly agreed to the terms and conditions thereof. On June 13, 2012 a Notice Of Assignment, Sale Or Transfer Of Servicing Rights, confirming that Ocwen would be servicing the loan was mailed to the property address at XXXXXX. The Notice, a copy of which is enclosed, included information such as Ocwen's payment mailing address and its Customer Relation Departments toll free number. Your correspondence is disputing the balance and due date transferred to Ocwen. We have enclosed for your convenience a copy of the Chase and Ocwen payment histories which detail all the payments received and applied to the loan. As of the date of this correspondence, XXXXXXX, the loan is due for the January 01, 2009 payment. The following items are enclosed: - Copies of the original Mortgage and Note. - Ocwen Payment Reconciliation History, Chase Payment History. The additional information you requested is not required to be provided and is not included. Should you have a particular dispute specifically related to one of the items not included, you may send us a written statement of the reasons you believe the information related to the loan servicing in relation to the item is incorrect. The remainder of your requests do not pertain to servicing and do not identify any dispute regarding servicing. Ocwen is the servicer and under RESPA a QWR must pertain to servicing as defined by RESPA. Therefore, your other requests do not qualify as a QWR and no response is required, nor is a response possible to many of the requests as Ocwen did not underwrite, originate or close the Loan. I don’t even know what to say to that. the CFPB gave me the option to dispute that response so I did. They sent us a copy of our mortgage and the agreed payment note (don’t know why we werent disputing that just that we made our payments this whole time). The other thing they sent was what they define as chase and ocwen payment reconciliation history which was essentially just a couple of spreadsheets with a bunch of columns, amounts dates, its got lots of columns and super confusing. Ill update a little more in a new response.
  13. I pulled Equifax and Experian about 2 weeks ago and they both have nothing about the debt on there at all, either from May when I pulled them before or now. It looks like this is just Transunion. No date of first delinquency, no last payment date, nothing that would tell me the age of the debt that I could use as proof that this is zombie debt. Is there a standard dispute I should make for a case like this or just wing it? I was thinking to just keep it short in writing basically saying this debate is no longer valid and is past the SOL.
  14. Well since they are paid, they should just age off of your report naturally. Unfortunately, since the debts are paid off you don't have any leverage to get them to delete the reporting and may just have to wait. Paid debts stay on your report for 7 years just like unpaid debts. Usually, you can only do a pay for delete if you still have something to pay to them. If you want them off because you want to buy a house or a car or something, you can just make sure to have a letter from the creditors saying the debts are paid but I don't believe there is anyway to get them off at this point.
  15. So I just pulled my CR from Transunion and there is a new tradeline on there and I have NO clue where it came from! Here it is UNIVERSAL FIDELITY LP #XXXXXXXXX Placed for collection: 08/27/2012 Responsibility: Individual Account Account Type: Open Account Loan Type: COLLECTION AGENCY/ATTORNEY Balance: $120 Date Updated: 08/28/2012 Original Amount: $120 Original Creditor: CAPITAL MV DIRECT BRANDS (Retail) Pay Status: >In Collection< Remarks: >PLACED FOR COLLECTION< Estimated month and year that this item will be removed: 01/2019 I was so pissed! No clue what Capital MV direct brands is so I did some digging on the internet. Turns out it is Columbia House DVD and or they own Columbia house DVD or something. Well I did have a Columbia House DVD account like 8 years ago!! On a may TU credit report, I had an account from National Recovery Agency (see below) NATIONAL CREDIT SOLUTION #XXXXXXXX Balance: $135 Date Updated: 06/18/2011 Original Amount: $120 Original Creditor: COLUMBIA HOUSE DVD (Retail) Pay Status: >In Collection< Account Type: Open Account Responsibility: Individual Account Loan Type: COLLECTION AGENCY/ATTORNEY Date Placed for Collection: 08/19/2010 Remarks: >PLACED FOR COLLECTION< Estimated month and year that this item will be removed: 02/2015 Are they re-aging this debt? And what should be my course of action? i sent an online dispute to TU but they don't allow you to give any details so I just selected I disputed the debt as not being valid any longer. Is there any thing else I should do? I know this debt can't be anything new! I havent paid for anything with credit in like the last 3 years except for financing my car! Cash everything.
  16. gwheelock915, I am so sorry that happened to you! That's awful. it's like you try and do the right thing and be responsible and take care of your bills and it doesnt even matter! And these banks and servicers can do whatever they want because they have all the time and money in the world to give you the run around. It is so stressful. Just know you are not alone and I'm sure there are so many others like us. Please keep us posted on how things are going with you.
  17. Hi everyone. First, thanks for your concern about everything. My grannie and grandad are holding up pretty well. (Me too) My grannie has been bowling a lot (Her favorite pastime) and my grandad stays watching old westerns on the couch and eating pork rines lol like always. Today we got a letter from the state attorney general and the consumer financial protection bureau saying they were going to investigate the matter and they sent requests to OCWEN to investigate this matter. The state attorney general asked that we send in all of our documentation to the office for their review. (We sent in some info originally-the letters for Ocwen saying we hadnt made any payments and bank statements for just the first year showing that payments were made, we would have sent them all but it was over 600 pages.) We are now going to send all the bank statements on Monday to their office. The letter said they would investigate but resolution may require going to court but they would try to mitigate things from there end. Im going to try and scan submit to the board the letter we got. The CFPB said they sent a letter to Ocwen requesting additional information on our case. So it seems like it might be good news but I'm just waiting to see where it goes from here Also we found a few attorneys who wanted to meet with us! Yay! We have a consultation with the first 1 this coming week on Thursday. Wish us luck! Just random related info: During this ordeal I'm also trying to get my personal credit together and you guys would not believe how amazingly helpful you all on the boards have been with both this issue with my grannies mortgage and my own credit questions, so thank you so much!
  18. Im not sure why you would send a DV letter handwritten. Almost all the info I have seen indicates it should be written but not handwritten. The letter looks good to me. FYI, on credit monitoring, try your bank. My bank offers credit monitoring for like $11 a month or something and you can see your CR every month and score every quarter. I did it for a little while but didnt find much benefit in it.
  19. Dangit, well it was a first try. Ive since read some more threads and I will keep my DV letters more simple now. I guess my other question is, should you do a DV letter on debts that are past the SOL for credit reporting and suing?
  20. I was in this debt program in 2009 called greenpath and some small payments were made in 2009. I was only in it for 3 months and they paid a bunch of little payments to some debt collectors. None of the payments were enough to bring the account current. From my understanding that means the DOFD did not change since the account was never brought current and its still reporting the DOFD as 08/2005 on my credit report.
  21. A little background. I got a letter fro Midland Credit Management about an old citi bank account. They provided me with a settlement oppotunity. I sent the following debt validation letter. Midland Credit Management Attn: Consumer Support Services 8875 Aero Drive Suite 200 San Diego, CA 92123 Los Angeles, CA 90060-0578 Re: Acct # xxxxxx To Whom It May Concern: I am sending this letter to you in response to a notice I received from you dated xxxxx. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: What the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe; Provide proof that the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent. If your offices have reported invalidated information to any of the three major Credit Bureau’s (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. But then while reviewing my credit report noticed the DOFD for the original debt was 08/2005 and it likely would have fallen off anyway and it past the SOL. Did I just awaken a sleeping giant? Should I just have ignored this letter? I just sent the letter maybe 2 days ago so i havent heard anything back from them yet.
  22. WEll this thread has certainly gone on without me! Lol I don't have any updates just yet. We sent the RESPA letter so I'm hoping that helps. I'll keep updating. Thanks everyone! I'm might even talk to my grannie about sending in her case to a news outlet or something, idk how she will feell about that she is old school and believes in keeping business to yourself but maybe I can convince her and if it will help get Ocwens attention and make them do the right thing. Thanks again!
  23. Oh one other thing, my grandmothers and grandfathers credit report (they are both parties to the mortgage but my grannie handles everything with money) both show the mortgage as "Open/never late" last updated 7/26/2012. Can/Should we use this as additional evidence that the mortgage has remained up to date and send this as additional evidence to Ocwen? Refinancing is something else I think we will look into, thanks 1stStep
  24. Thanks everyone for your input, we are looking for a lawyer now and I think you guys are right we need to find one that specializes in mortgage fraud and foreclosures. My grandmother has a few mortgage statements from Chase showing the account was current (she didn't keep them all she just has a few showing spread out over the years but they all show the mortgage account was up to date as late as June 2008). We haven't gotten anything from Chase except letters saying they were changing our servicer for years. My grandmother says Real Time Resolutions never sent her anything but I think she just doesn't know what she did with mortgage statements from them or maybe she just through them out. She did keep all her bank statements and they show all the payments to Real Time Resolutions though. So she has mortgage statements from Chase Bank and Ocwen but we can't find anything but the original statement from Real Time Resolutions (which shows the account was up to date when they got servicing rights). Seadragon, we filed complaints with the CFPB, the FTC and the attorney general in the state yesterday. Is there anyone else we should send a complaint to? I think we will try the RESPA letter. Thanks again everyone! Ill keep updating as things happen and maybe my story will help others.
  25. Oh okay, I get it now. Maybe we will just go talk to an attorney then with all our documentation and letter and everything and see what they say because we really don't know what to do at this point. I'm sure we could come up with some money for a retainer if we had to but I hope they would be as eager as you say. In researching this issue, this is one of the stories similar to ours we found (this forum wont let me post the link because i havent posted enough) but its on msnbc msn dot com titled "Unfortunate error' by bank and a home is gone" It freaked us out because he still had to sue to get everything back...I really hope this is just some weird accident and it will get resolved. Thanks for your input, Coltfan1972