cm9999

Debt Re-Aging Help

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Hello all!
 
I had an 80/20 mortgage from 2005 that I was unable to pay. I stopped making payments sometime in 2007 and the house was foreclosed on in 2009. The debt in question was from the second part of that 80/20 mortgage. I owed about 40k on that mortgage when I stopped making payments.
 
I was able to confirm my ACTUAL last payment on an credit report from a few years ago. According to the original mortgage company, my DOFD WAS IN 2007. And the information they placed on my credit report about this debt has fallen off.
 
The debt was sold to a collection agency in March of 2010. And then the CA reported that my last payment was that same month (in march of 2010)!!! Strangely, It also lists my DOFD as March of 2010. And then it lists the account closed in April of 2010.
 
There is absolutely zero chance that I payed them anything. Until this day, I never answered a single phone call from them or even opened any mail they sent me. I also ceased ALL communication with my original mortgage company since I stopped making payments in 2007.
 
I am new to all of this but something smells fishy here. Is there any legal reason they could have chance the DOFD to 2010 without my verbal or written consent? They new fall off date is now listed at 2017, which would be a full 10 years from the true DOFD.
 
I would love to get some opinions and feedback on this. Thank you so much for your time.
 

 

 

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Send a DV to the CA and point out this to them and ask quite nicely, Do you want me to sue you for breaking a Federal law reaging a debt? It also serves as a piece of proof should you have to sue them that you already pointed this fact out to them.

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@cm9999

 

You could sue right now under the FDCPA for misrepresentation of the status of the debt. 

 

Re-aging is under the FCRA.  Before you could sue for that, you have to first dispute the entry with the credit reporting agencies.  If the CA  corrects it, you don't have an FCRA claim.  But if they verify it, you will have an FCRA claim along with the FDCPA claim.

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