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I have been lurking on CreditInfoCenter for months and I want to thank all of you for the great advice. I have had Midland Funding drop 1st case against me and now I am fighting them on 2nd case. Background: Current case in Maricopa County, AZ (Phoenix). They are suing as assignee of Chase even though Chase was not the OC on any of the accounts. This one is a WAMU Account sold to Chase sold to Hilco Receivables sold to Midland Funding. The one I fought them and they dismissed was the same as this one. I originally had 4 credit card accounts we are dealing with the 2 above and 2 more that went Providian sold to WAMU, sold to Chase, Not sure of trail here, now at Midland Funding. I am arguing hearsay and standing on all of them. From research I have found that when WAMU was bought via FDIC by Chase, there pretty much were no lists of accounts so no true bill of sale per accounts ( at least not for mortgages, so I can not imagine if they did not list $200,000 home loans I am pretty sure they did not list $3000 unsecured credit accounts). I moved to Pennsylvania recently. I made court and Jerold Kaplan law firm aware we were moving months ago and have filed proper docs with court (They actually filed against me after I informed them I was moving). Round Trip Airfare and car rental to Phoenix is going to cost me around $350 to $500 depending on deals. Kaplan of course has threatened everything under the sun and moon and tells me they will require me to show. ( I know they can not and judge already told me I could appear telephonically at pre-trial) and in same breath they might have Midland drop case and refile in PA. I want to show and I want to pummel them, but they filed to dismiss case at last minute last time ( I would have shown, but it was interfering with our moving dates and that allowed me to get cross country trip started earlier). If I buy tickets and rent car before hand they will dismiss and I will end up spending all that for nothing. If I object and show up can I get the judge to rule in my favor with prejudice to keep them from refiling in PA again (still inside SOL). Can I make them pay my travel costs? Question 2: My ruined credit report. For these 4 accounts: I currently have 4 negative line items for Chase, 5 account lines for Midland (one is listed twice with slightly different numbers), 2 line items for Hilco and 4 collection listings for Midland. All total these 4 accounts are showing as 15 negative items on credit report. I am in process of disputes now getting more and more threatening as we go. Can I sue them to remove the lines using the same hearsay and standing arguments in court? There is no way they have any docs to support these accounts as Providian is now gone like 7 years and WAMU really had no sale docs to Chase, let alone all the steps in between. I have disputed, followed up and I am now demanding proof or removal from credit bureau or lawsuit. Can I sue them for the $1000 per incident violation amounts listed in FCRA Sect 602 through 616. I think that the threat of this will get everything removed, however, if they choose to fight, winning is nice, but getting paid for the myriad of time allotted would also be nice.
My wife and I settled a second mortgage with CitiMortgage early last year. That settlement allowed us to sell our condo about 6 months later, though we still had to bring significant cash to closing. Our hope was to start a family and buy a house this summer. Well, Citi reported the transaction as promised. Our reports say some variation of "Closed/settled for less than full balance". This language looks like a short sale to Fannie/Freddie apparently, and we have been denied a conventional mortgage, even though we made every mortgage payment on time for almost six years and have pretty good credit overall. Our only hope for getting a mortgage is having the item removed from all three reports for both me and my wife. I know that a short sale DQs us from a mortgage (for a couple of years I think), but in my mind this was not a short sale by any reasonable definition. Also, I do not think that the language reported by CitiMortgage is accurate. CitiMortgage is the one who proposed the settlement amount. As far as I am concerned, the full balance of the account was the amount they proposed I pay to close the account. Has anyone else run into this situation? Are there any success stories out there? Has anyone successfully worked with CitiMortgage in removing this or similar language from a credit report? Thanks in advance.
Looking downline at credit repair would it be more advantageous to get judgments in your favor on these JDB suits. In other words if you have them on FDCPA, or FCRA or even TCPA and file a cross complaint they wont be able to dismiss. If you actually have a case for your cross complaint it could result in a double win...they have no case and lose you have a case and win the cross complaint. You could even negotiate an uncontested summary judgement in your favor in exchange for dropping your cross complaint. With the judgment instead of the dismissal could you go to the credit bureaus and force removal of derogs?
Hi, I was reading over multiple threads while preparing a Fair Credit Reporting Act dispute. I see how numerous board members approached the issue, but since everyone's problem tends to be slightly different, their complaints are, as well. I was wondering if anyone has developed a "FCRA violation checklist" that may be helpful as a reference guide to filing a lawsuit, arbitration, or other FCRA dispute. Thanks!