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Please help...who owns my debt???


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I am really trying to refi my house, but there was a judgement against me back in 6/2007 for an Arbitration Award to FIA Card Services (now B of A) from 6/2006.

I recently received a letter from Harris & Zide (debt collections) stating that "their client", listed as FIA Card Services, "has been given permission" to offer me an opportunity to settle at a "significant discount".

I thought that was great, but I still followed the advice of this website and sent them a debt validation letter. Not the "mean, long version", but just something short and courteous. I wanted them to make sure they were legally allowed to accept my payments, but at the same time i didnt want to piss them off, since we would be in negotiations. I sent the letter via vertified mail, as per this site suggested. They replied with a short letter stating that "as you requested, enclosed are documents we have received from our client to verify the above reference bedt." All they sent was a copy of court papers regarding the judgement. I assume anyone can pull these records.

So then, I sent them the "long version" of the debt validation letter. Asking for all the bullet points listed, and also stating my rights under the FDCPA. I have not heard back from them since, and it has been about 45 days.

I then called FIA Card Services to ask who they passed my debt to. They stated that it went to Frederick Hanna and Associates. However, when I look at the court filings, the attornies that filed on behlaf of FIA Card Services (Plaintiff) was Wolpoff & Abramson, LLP - Attornies in the Practice of Debt Collection.

I am really confused on who I should contact regarding offereing a settlement. I have read many blogs online about Frederick Hanna, and all of them are negative. People have basically said that they are sharks, and I even looked them up on BBB.com and they have an F rating. I dont mind trying to work through them if they actually have my debt, since I would have no choice. But I definitely don't want to open up a line of communication with a bunch of sharks, especially if they smell blood from knowing that I want to tender a settlement offer.

What do I do next??

Please help! I really appreciate it, and this website for its help thus far.

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Guest usctrojanalum

OK, so what happened is this... when you send a DV post judgment, all the debt collector is required to provide is a copy of the judgment. Your second DV will most likely be ignored since they have now satisfied their requirements and are not obligated to send you anything more than they already have. When you go for the refi, why don't you have the title company handle the debt collector for you? They will have to get a release of lien, and will have to go through the proper party to receive one.

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First, thank you for replying.

Well, I spoke with an attorney friend, and he suggests that I DO NOT tell the CA that I a trying to refi, especially since I want to be able to negotiate the least amount possible.

He thinks that if I let them know that I "need" something from them, they have all the leverage, and will not give me a good settlement offer.

You mentioned that the CA that replied with the judgement have fulfilled their obligation for DV. So does that mean they are the ones I should send a setlement offer to?

Your feedback is much appreciated!

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