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HELOC Issues


Bobby2012
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Okay, I had a HELOC in 2007. In 2009 in was closed and the last payment made on it was June 2009. In 2012, someone claimed I was in default and sent me the HELOC agreement printed off the County Records with an amount in default of the total amount of credit originally extended in the HELOC.

I sent them a letter requesting that they provide an accounting of how the HELOC went from $0 to the now claimed $150K? They said I should know and thought my question was rather odd. I said so be it. Can you show me. They did not and nothing happened after that.

Fast forward to 2014. I noticed 4 assignments show up for the HELOC assigning the Mortgage through a supposed chain of title through 4 companies. I get a letter from a JDB claiming they are now owners of the note and Mortgage.

I sent them a letter asking them to identify themselves and to provide how it is that they are the owner?

They send the same printed agreement from the county records along with the assignments (which are notorized in SC because the term of a notary is 10 years so they can forge a document with a date of 2011 and claim the notary was still legit.) And 3 allonges - undated or notorized on plain sheets of paper, and a payoff statement from a company I've never heard of and a notice of Default.

I just sent a letter asking them for a full accounting of how the LOC got to be $150K and any statements from the original creditor showing any of the amounts they are claiming along with a location where I can physically inspect the documents.

Is there a SOL to this debt? The people in 2012 did the same thing claiming a Default and sent billing statements to me like this one is now doing.

I know I don't owe what they are claiming. They just took a note and assigned the maximum loan value and are claiming I'm in default of that.

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If your positive last payment was 2009 June, the sol in fl is up after 5 years on a written contract. You could send them a cease and desist letter saying I deny this debt, but even if it were mine the debt is time barred. Cease and desist all communication with me. Any further attempts to collect this debt and you will be in violation if the FDCPA code 1692, and will forward any further collection efforts to my attorney.

Then do it if they try again.

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If this debt has been thru 4 junk debt buyers, I'm going to guess that JDB No.1 just grabbed your name from the courthouse and sold it to JDB No.2 as though it was a legitimate debt. When JDB No.2 realized they'd been scammed they sold it again...and so on (there is no honor among thieves).

You could do as @shellieh98 suggests and seen No.4 a FOAD letter but its possible they'll just sell it again.

Since JDB No.1 may actually have stolen records from the courthouse, you might try to get your local prosecutor interested...or, see if there is a www.naca.net lawyer in your area who will take this case. its unlikely with the amount of money involved that its just going to go away.

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Is the heloc a different creditor than your 1st mortgage??

 

No it is a different one.

HELOC was with a troubled bank who sold to PNC. Somewhere in there a Trust was involved who apparently sold it to another entity and then finally to MSNI.

There was a balance on the HELOC but not what they are claiming. My guess is they went for the max to try to get a judgment for as much as they could. They are even claiming interest and fees from some arbitrary date in 2007.

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