Credit and Debt Problems Forums

Credit and Debt Problems Forums http://www.debt-consolidation-credit-repair-service.com/forums/ Debt consolidation credit counseling giving free credit reports for credit repair and consumer credit counseling. Bill consolidation by utilizing low interest credit cards can repair credit and rebuild credit to avoid bankruptcy en Fri, 20 Nov 2009 21:52:04 GMT vBulletin 60 http://www.debt-consolidation-credit-repair-service.com/forums/images/styles/bluedeluxe/misc/rss.jpg Credit and Debt Problems Forums http://www.debt-consolidation-credit-repair-service.com/forums/ Article - Upside Down Home Value http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299008&goto=newpost Fri, 20 Nov 2009 19:03:04 GMT This article caught my eye - thought California and Florida were the most upside down with the value vs amount owed. Actually Las Vegas, Nevada...
This article caught my eye - thought California and Florida were the most upside down with the value vs amount owed. Actually Las Vegas, Nevada leads the way with 81% of Homeowners underwater.

Many people don't know value is determined by the other homes around them. When you have your house appraised, they first look at your home, then look at least three comparables. When there is a Foreclosure, if affects everyone in the neighborhood.

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Underwater Mortgages Could Sink Even Deeper

Home prices may be stabilizing in some areas in the nation, but the damage has already been done in the housing markets that saw the biggest boom and in turn the biggest bust.

Home buying in these markets reached a frenzied pace during the middle of this decade, and that means that a good portion of buyers purchased homes at the top of the market. No surprise that they have now sunk deepest underwater on their mortgages.

A new survey from Zillow.com shows that even in those markets where investor competition has returned and prices on the low end are beginning to stabilize, homeowners still owe far more on their mortgages than their homes are currently worth.

Las Vegas leads the way with 81.8 percent of borrowers underwater on their loans in the third quarter of this year, down barely one percent from the second quarter but still up 10 percent from the first quarter.

The bulk of underwater borrowers are in California, Florida, Arizona and Nevada. While home prices nationwide were down 8.5 percent in September from a year ago, prices in these states are still way down -- 34 percent in Las Vegas, 26 percent in Orlando, 23 percent in Phoenix and 11 percent in Los Angeles (National Association of Realtors). Again, that's from a year ago, but many of these cities have seen over 50 percent price declines from the peak of the market.

Some argue that "underwater" borrowers are no different than any other borrowers, as long as they continue to make their monthly mortgage payments, and as long as they continue to want to live in their homes, knowing they will have to wait out the market for home equity to gradually return.

But the danger is for those that need to sell, or for those who can no longer afford their monthly payments and don't qualify for a loan modification.

The government mortgage rescue programs do allow for modifications and refinances on homes with up to 25 percent negative equity, but many homeowners, especially in the hardest hit regions, don't think they will ever see equity again, and therefore see no reason to continue making payments on their loans, whether they are able to or not.

Many are simply sitting in their homes, rent-free, as banks struggle to catch up and contact them. Others are vacating the homes, mailing in the keys, and choosing a credit hit, rather than be strapped to a home that will only ever be a liability.

Home prices are improving, but there is a lot of government stimulus behind that improvement. The extension and expansion of the home buyer tax credit, as well as artificially low mortgage rates backed by the Federal Reserve's purchase of GSE loans and securities, will all expire by the middle of 2010, so it remains to be seen whether the very tenuous recovery we are now seeing in housing can endure on its own.

http://www.cnbc.com/id/33965166

:)

. ]]> Mortgages 2ndTimeAround http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299008 Suspicious Evidence, What do to? http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299007&goto=newpost Fri, 20 Nov 2009 16:38:55 GMT I received 2 Pieces of fishy "evidence" amongst 2 Bill of Sales and the JDB's own Interest Fees and Summmary of Calculation... they are
1. A weird looking Credit Report, witch says Equifax, but ive printed my score before and they look different, on top of that the account numbers dont add up.
2. 1 Statement with my maiden name and a copy of the back where if you have nay changes in info you can write down, well someone wrote a number with and area code from texas, Im in Cali and always have...
now is this to my advantage at all? I have a few days left of discovery, what should be my move if any? The JDB sent the papers for Request of Statement and Witness, should i sent them back that evidence and argue my points? I have a day or two to answer. THANKS A MILLION AGAIN!!!!! ]]> Is There a Lawyer in the House BayChick http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299007 New Arbitration Forum http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299006&goto=newpost Fri, 20 Nov 2009 15:45:44 GMT I created a new forum just for arbitration issues. Please post all your question there. :) I created a new forum just for arbitration issues. Please post all your question there. :) ]]> Is There a Lawyer in the House admin http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=299006 TCPA question - does the auto-dialer restriction apply to home phones? http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298988&goto=newpost Fri, 20 Nov 2009 14:06:55 GMT I've got a couple of CAs that continued calling after I told them not to in writing. I know it's an FDCPA violation, but I want to toss the TCPA violations on the pile as well.

I'm looking at section (b)(1)(A):

Quote:

(b) Restrictions on use of automated telephone equipment

(1) Prohibitions
It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States—
(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice—
(i) to any emergency telephone line (including any “911” line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency);

(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or

(iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call;

I don't see anything that prohibits the use of auto-dialers to residential phone lines. What am I missing? ]]> Is There a Lawyer in the House TheBeeGuy http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298988 Multiple Medical Collections, One CA http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298985&goto=newpost Fri, 20 Nov 2009 07:18:06 GMT I have several rather small collections showing on my CR that are from the same OC and the same CA. Would it be feasible to lump them all together,... I have several rather small collections showing on my CR that are from the same OC and the same CA. Would it be feasible to lump them all together, or should each one be handled separately? I mean, these things are so little that even lumped together they only amount to a couple hundred bucks, if that. I intend to try a pay-for-delete offer of the full amount just to make these little things go away.

Also, I have one account for $237 that keeps showing up all over the place. It has the same OC but several different CA's reporting it. How do I determine which one is the most current and active one? Or should I, as I've seen in other posts, contact the OC and try the PFD with the request that all CA's the debt is associated with also delete their reporting?

As always, any help greatly appreciated! Also, my apologies for multiple posts...

KDogg ]]> Collections KDogg http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298985 Rural Housing Authority Rent Assistance http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298983&goto=newpost Fri, 20 Nov 2009 06:52:34 GMT While reviewing my credit reports I found an entry entitled "US Dept. of Treasury" for an amount of $3043. Further research shows that it is a debt allegedly owed to the Rural Housing Authority for rental assistance to a low-income apartment complex in which I used to live.

I lived in said complex for about 5-1/2 years. During the last few months of my residence there, two of my children qualified for SSI benefits. At the time I was receiving full rental assistance based on 0-income. When I approached the manager about re-certification, she told me to wait until my annual re-certification date a few months later.

During that time I also received a substantial insurance settlement, bought a house, and subsequently moved out of the apartment. However, it took some time to remove everything from the unit. Management took me to court regarding one month's rent and some other charges, but was only awarded a summary judgment for the rent (I knew I owed the rent so I didn't bother going to the hearing.)

I have never been contacted by neither Rural Housing Authority nor the US Debt. of Treasury regarding any other amount. It is my belief that management acted on behalf of the complex and RHA and erred in pursuing the amount for one month's rent rather than the full amount allegedly claimed by RHA.

So, my questions are:
1) Is the summary judgment enough to defer any other claims and have the remaining $3043 removed from my CR?
2) If not, is it possible to negotiate a settlement for a lesser amount with the US Dept. of Treasury?
3) Is it possible to sue and hold the apartment complex responsible for their error in telling me to wait for re-certification, and to have them remove the debt? One problem I face here is that the manager at that time is no longer with the company and I do not know her whereabouts.

Any options or guidance greatly appreciated!

KDogg ]]> Collections KDogg http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298983 The holidays are fast approaching.. This is the best time to dispute http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298981&goto=newpost Fri, 20 Nov 2009 05:57:59 GMT Since the holidays are approaching, keep in mind that these are the best times to dispute items and clean up your credit report. I tend to find... Since the holidays are approaching, keep in mind that these are the best times to dispute items and clean up your credit report.

I tend to find that when you dispute by certified mail of course around Dec 10th. This way at all of the different places hoe many people work on x-mas eve? x-mas day? New Year's eve and New years day. Right there there are 4 extra days which will pass that nobody really works.

How many people will be on vacation or taking those days that they cannot carry over to next year....

Think about it, the best time to dispute is fast approaching. ]]> Credit Bureaus/Reports/Scores legal_loansharking http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298981 Business labeled CC vs Personal Use http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298980&goto=newpost Fri, 20 Nov 2009 04:52:58 GMT I have three cards that I got when I was starting a home based business. All three cards were labeled "business cards." When the business failed, and I was unable to make payments I had problems with one of the cards that was bought by a JDB. (I used the card exclusively for personal use, not business use.) They threatened me, harassed me via telephone calls, did phone number spoofing etc. When I told them to stop or I would sue for FDCPA violations, they threw it in my face that they didn't fall under the FDCPA since it was a business card. I even filed complaint with Attorney General and they responded "they did not fall under FDCPA since it was a business card."

Well, I just stumbled across something this evening. From NCLC Fair Debt Collection book: “Where the Plaintiff alleged that she used the admittedly business-designated credit card for personal purposes, the actual use trumped the labeled use.” Perk v. Worden, 475 F. Supp. 2d 565 (E.D. Va. 2007).

Now, I am going to revisit this issue and probably sue the JDB - it's been about 10 months but I have everything documented.

Just wanted to share. ]]> Is There a Lawyer in the House DFS http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298980 Motion for Summary Judgement against me using statements with false address http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298979&goto=newpost Fri, 20 Nov 2009 04:43:19 GMT Guys, need some advice. Pressler and Pressler is trying to file a motion for summary judgement against me. In their motion, they have attached a... Guys, need some advice. Pressler and Pressler is trying to file a motion for summary judgement against me. In their motion, they have attached a pile of statements and card agreeement. I think they falsified those statements. The address that the OC allegedly sent those statements to didn't even exist on the closing dates they listed on those statements. It was a farm that didn't have the street on it!

I pulled out my old tax records, mortgage apps, etc. and found old pay stubs, cable bills, bank statements, etc. with my true, correct address where I was living. I even have a copy of my driver's license from that time!

So basically, I am going to file an objection to the motion for summary judgement. Include copies of the bills, statements, etc. blacking out SS numbers, etc., and state that the material facts are in dispute because the documents provided by the plaintiff have clearly been falsified? Also, there is no signed agreement bearing my signature, would I also state this, or are the falsified statements basically a nail in the coffin for them?

Would I be able to file a motion to dismiss based on the fact that the provided statements are false?

Would I also be able to sue under the FDCPA? Thanks guys. ]]> Is There a Lawyer in the House sodimm http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298979 Telephonic Hearing? http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298978&goto=newpost Fri, 20 Nov 2009 03:59:23 GMT I've been looking over my county clerks website for capital one cases.

Most of these cases were ordered to be heard telephonically.

Can the defendant object to this? It seems like it would but serious sanctions on what you could show the judge, etc. ]]> Arbitration JohnnyG http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298978 Help! Question re Vehicle in Bankruptcy http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298976&goto=newpost Fri, 20 Nov 2009 03:02:34 GMT Daughter in Arizona filed bankruptcy recently. Bankrutpcy trustee said she could not accept information she submitted regarding her vehicle. States... Daughter in Arizona filed bankruptcy recently. Bankrutpcy trustee said she could not accept information she submitted regarding her vehicle. States she must provide a copy of the title which she does not have since she is not the owner of the vehicle.

Daughter purchased the vehicle while living in California.

She contacted the credit union lien holder. They told her they do not have the information, she needs to contact DMV.

DMV initially told her to contact the lien holder. Later calls to DMV said it would take weeks for them to locate and send her anything regarding the title.

The bankruptcy trustee gave her 10 days.

Are there any options or suggestions anyone has to offer? She's dealing with logistical issues due to bankrutpcy in AZ versus CA DMV and CA lien holder.

Help, Please! ]]> daisymay http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298976 Update- SOL judgment letter http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298975&goto=newpost Fri, 20 Nov 2009 00:40:25 GMT After sending my letter stating to CA that the SOL had expired on the judgment against me, I received letter today stating that "they have taken necessary action to ensure that yo u will receive no further communications from Resurgent Capital Services L.P" and if I have any further questions to call..xyz.
They also say "enclosed please find an original validation of debt that verified this debt." and all the sheet of paper says is Validation of debt , dated, and my name , and the amount due ,that they NOW OWN this debt. and if I should desire to pay off the account i can contact .xyz
THat doesn't sound like a validation of debt, they show me nothing but what I already know. a plain piece of paper stating the same things.
SO , how do I proceed. I asked them to stop contacting me about the debt since the judgment SOL had expired in 2007. Am I to assume that I am not to receive further communications from them. like they state ? why would they send me this Validation of Debt. Will this re- appear on my Credit Report? ]]> Post Judgment Forum raretopaz http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298975 More interesting jams stuff... http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298974&goto=newpost Fri, 20 Nov 2009 00:36:05 GMT Got the arbitrator disclosure today. The disclosure vets, arbitrator, lawyers, and parties for other cases in JAMS (among other things) for... Got the arbitrator disclosure today. The disclosure vets, arbitrator, lawyers, and parties for other cases in JAMS (among other things) for conflicts and repeat player effects.

Cap 1 had no other, current and historical, JAMS cases for this arbitrator across all JAMS locations. Arbitrator did admit having a Capital One credit card with no balance.

I asked the JAMS case manager if JAMS, ever, handled a Cap1 arbitration and case manager could not recall any arbitration involving Cap 1 at JAMS Las Vegas office.

Capital One has not been using JAMS for debt collection.

So this is going to be interesting.

JAMS chief legal counsel, Jay Welsh, might have been serious when he said "JAMS doesn't do debt collection arbitration"! ]]> Arbitration trueq http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298974 Mark one up for the good guys http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298973&goto=newpost Thu, 19 Nov 2009 23:51:13 GMT MARK ONE UP FOR THE GOOD GUYS You might find this interesting , I got called for jury duty Monday and it took all day to select the 7 jury... MARK ONE UP FOR THE GOOD GUYS

You might find this interesting , I got called for jury duty Monday and it took all day to select the 7 jury members , I got picked , the case is a Florida couple as Plaintiff and HSBC credit card Company , today the trial started . The Judge told us it should be completed by Friday .

We are not allowed to discuss the case with anyone until after the verdict , so I will post the results when were finished , so far the facts presented are the couple were called 945 times over a period of apx. 6 months , by a company named ACTS , this company was collecting past due debts for HSBC . This couple were about 80 years old , the husband was in such bad shape he appeared on video tape and the wife could hardly get into the witness chair without help , they proved that the couple did not owe HSBC any money at all , never even had an account with them , his his name was almost the same as the person that did owe money to HSBC except the middle name and a Jr. The address did not match in anyway .

The couple had sent ACTS a ciece and disist letter after about 600 calls , these call were by a automatic caller and would leave no message so it took a long time for them to find out who was calling , the sherriff's department were involved to trace the caller . After ACTS notified HSBC that they were calling the wrong person , HSBC still called about 150 more times . This trial is to be a 5 day trial , HSBC has 3 lawyers and the couple 2 lawyers .

When we had the jury selection they asked us if we knew any of the party's involved , I told them I had 5 active cases in this same court and they were all credit card company's suing me and my wife , I also told them the HSBC sounded familiar and we may have defaulted on their credit card . But then I called my wife when we had a break to see if she remembered MSBC ( I had already got the letters mixed up ) she told me "no"so after the break I told them I was wrong and I had not defaulted on their card , now tonight I asked my wife again giving her the HSBC and now we think we did default on their card . What a mess ! I think tomorrow I better talk to the Judge and ask him what I should do . We have an alternate so it might work out .

When I told them about the 5 pending cases , I was sure they would not pick me , but they did , crazy world .

Well its day 3 and I went in earley to talk to the judge , found out it does not work that way , the judge can only talk to us when the lawyers are there , they started the trial again and removed the rest of the jury and put me on the whitness stand , I explained to them what happened and I had in fact defalted on their card and the reason I did not realize it was because it was an Orchard Bank card . Here is where things get a little strange , HSBC lawyer goes over to her desk and picks up a folder and asked if I if I had also defaulted on these cards ( she named 3 other cards ) none of them were HSBC but I guess they were all owned by HSBC . She then asked if I had owed a total of XX,XXX , I told her I thought it was a lot higher but I did not know for sure .

The Judge thanked me for bringing that information to the Court , and then they started taking turns asking me if I could make a fair deciession of who is right or wrong , I told them yes I could and that I would not allow my presonal financel condition interfear with what is right or wrong in this case . Then the rest of the jury was called back in and we started the trial again . Now the the trial stopped again and the judge sent us out because the lawyers needed to talk , well this talk took so long that now it was almost lunch time so they gave us a two and a half hour lunch break . When we came back after lunch there was a lady waiting to appear I think , she had been on one of the video tapes , She was one of the head people of HSBC and on the video she had stated that she did not think that all of the call were wrong she said that HSBC'S policy had been followed , the trial started again but then was stopped again and about 2 hours later we were called back in and told that the lawyers had reached an agreement .

We were not told the results but the lawyers for the couple were all smiles , now I am trying to understand what realy happened , when I got picked I could understand why the one side picked me but why would HSBC pick me to be on the jury ? The only reason that I can come up with is that when I made the statement that I had not defaulted on HSBC ( and later ralized I did ) they were going to use me as a reason to overturn the verdict if it went against them , and when did they get all the information about my defaults , when we were excused and walking out the lawyers were thanking us as we walked past them , I told the HSBC lawyer that I was sure I would be hearing from them real soon , I am sure they are going to be coming after me big time

Long story but it sure was a learning experiance few people get . ]]> Is There a Lawyer in the House david9041 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298973 Card Agreements-New to Site http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298971&goto=newpost Thu, 19 Nov 2009 23:16:13 GMT I have been following this site for about a month trying to learn as much as I can I have pending litigation with Chase 2 accounts 1 a 5K and one at... I have been following this site for about a month trying to learn as much as I can I have pending litigation with Chase 2 accounts 1 a 5K and one at 10K, a third with Cap1 for a lesser amount. Expect to see activity from Bof A in the future.

I am intrigue and would like to know if anyone has Card Agreements for the above mention OC's. So I can weigh all my options to formulate an overall strategy. As this seems to be the starting point, I have been DV the DC's as they come and go to hold off other smaller accounts that are bounced from one DC to another.

I know the larger balances are taking action need those aggreements. Reside in Californian if anyone as any pointers... ]]> Arbitration skippy1960 http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298971