Category Archives: Credit

Cosigning A Mortgage Loan: What Both Parties Need To Know

09 Tuesday Feb 2021

Posted by in Banks and Lenders, Borrower, Credit, Foreclosure Defense, Mortgage Laws

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If you have  but still want to get a mortgage, adding a nonoccupant co-client to your loan can help convince lenders to give you a loan. But the decision to co-sign on a loan or add a co-signer to your loan isn’t one you should make without knowing all the facts.

Today, we’re looking at what it means to be a nonoccupant co-client on a mortgage loan. We’ll show you what co-signing means and when it’s beneficial. We’ll also introduce you to the drawbacks of being a nonoccupant co-client as well as some of your other options as a borrower.

Co-Signing A Mortgage Loan: A Look At The Process

Imagine you want to buy a home with a mortgage loan, but you have bad credit.

When you apply for preapproval, you find that lenders don’t give you the best interest rates. You may even have a hard time getting approval at all due to your credit score. 

You know that your mother has a credit score of 800, so you ask her to become a nonoccupant co-client on your loan application. She agrees and signs her name alongside yours on your applications.

Suddenly, you’re a much more appealing candidate for a mortgage. The lender considers both your income and your mother’s income when they look at your application.

They can also now pursue your mother for any payments you miss. Because the lender considers your mother’s finances, income, debt and credit when they look at your application, they decide to approve you for your loan.

From here, your mortgage loan generally functions the same way it would if you were the only person on the loan. You make a monthly premium payment every month to cover your principal, interest, taxes and insurance and you enjoy your home.

However, the lender may hold the nonoccupant co-client responsible if you miss a payment. This means your lender has the right to take your mother to court over your missed payments.

Co-signing isn’t just for mortgage loans. You may have a co-signer on personal loans, student loans and auto loans as well.

Whether or not you can have a nonoccupant co-client depends on the type of loan you take out. Nonoccupant co-clients are most common on two specific types of mortgages: conventional loans and FHA loans. Let’s take a look at the limitations for both types of loans.

Co-Signing A Mortgage Loan: A Look At The Process

Imagine you want to buy a home with a mortgage loan, but you have bad credit.

When you apply for preapproval, you find that lenders don’t give you the best interest rates. You may even have a hard time getting approval at all due to your credit score. 

You know that your mother has a credit score of 800, so you ask her to become a nonoccupant co-client on your loan application. She agrees and signs her name alongside yours on your applications.

Suddenly, you’re a much more appealing candidate for a mortgage. The lender considers both your income and your mother’s income when they look at your application.

They can also now pursue your mother for any payments you miss. Because the lender considers your mother’s finances, income, debt and credit when they look at your application, they decide to approve you for your loan.

From here, your mortgage loan generally functions the same way it would if you were the only person on the loan. You make a monthly premium payment every month to cover your principal, interest, taxes and insurance and you enjoy your home.

However, the lender may hold the nonoccupant co-client responsible if you miss a payment. This means your lender has the right to take your mother to court over your missed payments.

Co-signing isn’t just for mortgage loans. You may have a co-signer on personal loans, student loans and auto loans as well.

Whether or not you can have a nonoccupant co-client depends on the type of loan you take out. Nonoccupant co-clients are most common on two specific types of mortgages: conventional loans and FHA loans. Let’s take a look at the limitations for both types of loans.

Conventional Loans

If you want a nonoccupant co-client on a conventional loan, they need to sign on the home’s loan and agree to repay the loan if the primary occupant falls through. However, the non-ccupant co-client doesn’t need to be on the home’s title. The lender looks at both your credit and the nonoccupant co-client’s credit to determine if you can get a loan.

Lenders also consider you and your nonoccupant co-client’s debt-to-income (DTI) ratio when they look at your application. Every lender has its own standards when it comes to what they consider an acceptable DTI. Knowing both your own and your nonoccupant co-client’s DTI can make getting a loan easier.

FHA Loans

FHA loans are special types of government-backed loans that can allow you to buy a home with a lower credit score and as little as 3.5% down. If you want to get an FHA loan with a nonoccupant co-client (you can have a maximum of two), your co-client will need to meet a few basic criteria.

First, your co-client must be a relative or close friend. Mortgage lenders consider the following relatives as eligible to be non-occupant co-clients on FHA loans:

  • Parents and grandparents (including step, adoptive and foster)
  • Children (including step, adoptive and foster)
  • Siblings (including step, adoptive and foster)
  • Aunts and uncles
  • In-laws
  • Spouses or domestic partners

If the nonoccupant co-client is a close friend, you need to write an additional letter to your mortgage lender explaining your relationship and why your friend wants to help you.

Your nonoccupant co-client must also live in the United States for most of the year. They must have a DTI of 70% or less if you have less than a 20% down payment.

If you have more than 20% to put down, your co-client’s DTI can be anything. On an FHA loan, the nonoccupant co-client must be on the title of the home.

What A Co-Signer Is Responsible For

Before you agree to co-sign on a mortgage loan, it’s important you understand just how heavy of a burden this can be on you. As a nonoccupant co-client, you agree that you’re willing to take financial responsibility for the loan you co-signed on.

If the primary occupant misses multiple payments, you can easily become responsible for 100% of the loan value. It’s important to be careful when it comes to who you agree to co-sign for.

Make sure the primary occupant you’re vouching for has the means to pay the mortgage, insurance and maintenance fees for their new home. You should also make sure you have enough income to cover the payments if your primary occupant defaults.

There are a few additional things you can do to protect yourself against your primary occupant’s financial missteps. Here are the steps you should take if you agree to become a nonoccupant co-client on a mortgage loan:

  • Ask the primary occupant to give you online access to their mortgage statements.
  • Ask the lender to send you a notification immediately when the primary occupant misses a payment.
  • Set aside a monthly premium or two in your savings account in the event the primary occupant misses a payment.
  • Keep the lines of communication open with the primary occupant. Encourage them to be open and honest if they think they might miss a payment.

Most importantly, you should only become a nonoccupant co-client for people who you know are responsible. Never agree to co-sign on a loan for someone you just met.

Benefits Of Having A Co-Signer

Having a non-occupant co-client on your loan can make it much easier to get a mortgage. Here are a few of the benefits that come along with applying for a mortgage with a non-occupant co-client:

  • Looser credit score requirements: Your credit score plays a large role in your ability to get a mortgage loan. If you have bad credit, you may have trouble getting a loan. However, a nonoccupant co-client with a great score on your loan may convince lenders to be more lenient with you.
  • Assistance with employment requirements: Mortgage lenders need to see that you have a steady and reliable income before they’ll give you a loan. This can be a pain if you’re self-employed or if you had a recent gap in your resume. A nonoccupant co-client with a solid employment history can help you fill this requirement.
  • The potential for a larger loan: A nonoccupant co-client on your loan means the lender considers both of your incomes when they look at how much you can get in a loan. This can mean you may qualify for a larger loan. Of course, you should be absolutely positive you can make the payments before you accept the loan.

Drawbacks Of Co-Signing

As the nonoccupant co-client, co-signing on a loan comes with a number of risks including:

  • Potential responsibility for payments: If the primary occupant on the loan can’t come up with a monthly payment, you must pay it as the co-client. This premium will come out of your own pocket and you can’t refuse a payment.
  • Difficulty getting out of the loan: Once you co-sign on a mortgage loan, it’s very difficult to get out of it. Even if you have a falling out with the primary occupant, you’re still responsible for missed payments.
  • A legal tie to the loan: Becoming a nonoccupant co-client means you’re just as legally responsible for the loan as the person living in the house. If you fall behind on payment coverage, the lender may sue you for legal fees and the remaining balance on the loan.
  • Your credit may suffer: Co-signing on a loan puts your credit on the line. If the primary occupant misses a payment, your credit will suffer as well.

Alternatives To Having A Co-Signer

If you’re struggling financially and you can’t find someone willing to co-sign on your loan, there are still a few ways you can buy a home.

Explore Your Government-Backed Loan Options

In addition to FHA loans, there are other types of government-backed loans that can help you buy a home with lower requirements. Government-backed loans are special types of mortgages that have insurance from the federal government.

Government-backed loans are less risky for lenders, so they can extend them to people who normally wouldn’t qualify for a loan. FHA loans, VA loans and USDA loans each have their own qualification standards. Be sure you know all your loan options before you take a loan with a non-occupant co-client.

Use A First-Time Home Buyer Assistance Program

If you’re a first-time home buyer, you may qualify for an assistance program that can make buying a home easier. Home buying assistance can come from a state or local government, a federal program or a charitable or employer sponsor.

Depending on your circumstances, you may qualify for down payment assistance, a discount on a foreclosed home and/or tax breaks.

Many home buyer assistance programs are only available in certain areas. If you’d like to learn more about programs, loans and grants you may qualify for, start by visiting the Department of Housing and Urban Development’s (HUD) website.

Summary

Applying for mortgages with a nonoccupant co-client can help you buy a home with a lower credit score, less income, or a shaky work history. When you apply with a nonoccupant co-client, the person co-signing agrees they will take on your debt if you default.

While this makes you a much more appealing candidate for lenders, it’s risky for the co-signer. Depending on the type of loan you get, there may be limitations on who can be your non-occupant co-client.

If you want to buy a home without a nonoccupant co-client, you may want to research home buying assistance or government-backed loans. Both options can help you qualify for a loan with lower standards.

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

If you are a homeowner already in Chapter 13 Bankruptcy with questionable liens on your property, you needs to proceed with Adversary Proceeding to challenge the validity of Security Interest or Lien on your home, Our Adversary Proceeding package may be just what you need.

Homeowners who are not yet in Bankruptcy should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/

If you have received a Notice of Default “NOD”, take a deep breath, as this the time to start the FIGHT! and Protect your EQUITY!

If you do Nothing, you will see the WRONG parties WITHOUT standing STEAL your home right under your nose, and by the time you realize it, it might be too late! If your property has been foreclosed, use the available options on our package to reverse already foreclosed home and reclaim your most prized possession! You can do it by yourself! START Today — STOP Foreclosure Tomorrow!

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What Homeowners With Business Should know About Federal Judgments and Chapter 11 Plans

16 Tuesday Jul 2019

Posted by in Affirmative Defenses, Bankruptcy, Borrower, Case Laws, Credit, Federal Court, Judgment, Judicial States, Litigation Strategies, Non-Judicial States, Pro Se Litigation, Trial Strategies, Your Legal Rights

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What greeting card do you expect from the judgments warehoused in your file cabinets? Yes, those judgments can mail you a greeting card. Your first choice is the birthday card: “Happy 10th Year Anniversary. What a ride. Thanks for the renewal. See you in ten years.” Your other choice is the condolence card: “10 years? You waited too long. My dearest sympathy.”

Victory lasts forever, but not a federal judgment. “There is ‘no specific federal statute of limitations on how long [a federal] judgment is effective. (citation omitted) When no federal statute applied, state practices and procedures are utilized.”1 State law provides a judgment creditor with the rights and remedies to enforce a federal money judgment under F.R.C.P. 69(a)(1), including the renewal of a money judgment.2 The law of the state measures the life of a federal judgment. A pending appeal does not toll the enforceability period under C.C.P. § 683.020.3

The Law of the Domicile Measures the Life of a Federal Judgment

In In Re Levander,4 the Ninth Circuit held that the federal courts apply the law of the domicile in the enforcement of a judgment.5 Similarly, in McCarthy v. Johnson,6 the court held that Utah state law provided the mechanism for the renewal of a federal judgment. In Fidelity Nat. Fin. Inc. v. Friedman, the Ninth Circuit held that state law applies when measuring the life of judgments. Federal and bankruptcy courts apply state law when renewing a judgment because federal judgments lack a federal expiration date.7 While Fidelity dealt with a registered judgment, the principle that a registered judgment is deemed a judgment for all purposes under 28 U.S.C. § 1963 is nevertheless applicable.

The Ninth Circuit held that the federal courts are to apply state law in determining the statute of limitations.8 Likewise, the Fifth Circuit applied Texas state law in Andrews v. Roadway Express, Inc. (5th Cir. 2006) 473 F.3d 565, holding that a consent decree, arising from a class action suit, was time barred as a result of the plaintiffs’ failure to timely renew the judgment and raising the issue whether other judgment providing for payment to class bear a fixed life.9 Unless a federal statute provides otherwise, the practice relative to the revival of dormant judgment is governed by state law.10

Deader Than a Doornail: the Statue of Repose

Some states have held that a time-barred judgment is extinguished and ceases to exist (“statute of repose”), as opposed to having a procedural rule that bars recovery in the enforcement of judgments.11 In United States v. Tacoma Gravel & Supply Inc.,12 the Ninth Circuit, construing Washington state law, held that Washington state’s limit on the enforceability of judgments is a statute of extinguishment (i.e., a statute of repose),13 not a statute of limitations. Moreover, the Ninth Circuit unequivocally held that “this is not a statute of limitations but of extinguishment; after six years, a Washington judgment has no force or effect—it ceases to exist. [Collection of Washington state cases]”14 The Tacoma court applied Washington state law to bar enforcement brought by the United States, stating that the “Appellant had no judgment left to renew,” a conclusion predicated in part on the government’s filing in state court.15 The court did not leave the government empty-handed. It left open the prospect that the underlying claim was still viable under United States v. Summerlin.16 Tacoma is important because it demonstrates that a renewal statute is also a statute of repose that may extinguish the judgment completely.

Read the Manual

California Code of Civil Procedure §§ 683.110 through 683.220 provide for the renewal of a judgment consisting generally of the filing and service of an application for renewal [Sections 683.140 to 683.150]. Upon filing the application, the clerk shall enter the renewal in the court records.17 Section 683.150(a) authorizes renewal without the necessity of service of process of the renewal “package.” (Judicial Council Form Nos. EJ-190, EJ-195, and MC-012, and include a detailed declaration of interest).

To initiate enforcement, the judgment creditor must serve the renewal by mail. See C.C.P § 683.160(b). To maintain the judgment lien on the real property, the judgment creditor must record a certified copy of the application for renewal. SeeC.C.P § 683.180.18 Ten years is a long time and expect that the debtor might have conveyed the property, fraudulently or otherwise. The judgment creditor must personally serve the transferee and file proof of service within 90 days of the renewal filing. See §§ 683.180(b)(1) & (2) in prosecuting the renewal. This is a common error and title reports (modern parlance and much cheaper: litigation guaranty) are de riguer in identifying the transferee. In the online world, nearly every county recorder (except Los Angeles) will identify the grantee of the debtor under the “granter/grantee” index. Use Judicial Council Form EJ-190 for the Northern District of California, not the Central District, which requires a traditional filing.19

Chapter 11 Plans Are Money Judgments and Expire Like Any Other Federal Judgment

The fact that a class action [“Andrews”] judgment expired suggests that a confirmed Chapter 11 plan, providing for payment to the creditors, would likewise expire unless renewed pursuant to the domicile law. Chapter 11 plans are a blend of contract, judgment, and consent decree, offering payment to a group of creditors.20 Chapter 11 plans assure payment equivalent to their recovery in a Chapter 7 liquidation21 and are subject to enforcement if breached.22 If a consent decree arising from a class action expires like any other federal judgment, the confirmed Chapter 11 plan, bearing the near-identical attributes (judgment, class of claimants, continuing supervision, claim filings procedures, and pro rata payment based on the consent decree), would likewise expire absent a renewal under state law.23 The statute of repose would extinguish the plan obligations and reinvigorate a mediocre balance sheet. The plan discharge would recapitalize the debtor. Who would be beneficiary of the plan “kicking the bucket?” Answer: the shareholders who are the [pre-petition] creditors.

Is dumping the Chapter 11 plan a good deal and for whom? Answer: Yes, if stock of the debtor, freed of the plan and publicly traded, offers greater value to the creditors than payments under the plan. Expiring Chapter 11 plans recast the asbestos mega-cases24 whose plans bear a lifespan of 10 years plus and compensate claimants with debtor’s stock [through a claimant’s trust]. The statute of repose frees the debtor of plan obligations [billions], jumpstarts the stock, and puts real money in the hands of the claimants.

Federal Courts Are Eternal But Federal Judgments Are Not

The life of a federal judgment could easily exceed 10 years, given various appeals up to the Supreme Court. Consent decrees offering payment over time to claimants can run 10 years or more. Asbestos Chapter 11 plans readily exceed ten years and the Johns Manville plan is now in excess of 20 years. These plans [judgments or decrees] bear the risk of extinguishment if not renewed and, if expired, would upset settled social and political expectations.

Is a plan implosion a disaster? In a Chapter 11, the beneficiaries are the creditors as shareholders, anticipating an upswing in the stock value, would move to extinguish the plan and inherit a revived company. This result suggests that the plan extinguishment more efficiently compensates victims of the mass tort than the plan payments because the invisible hand of the marketplace reveals this outcome. The plan extinguishment will wipe out the plan and the market will rush to the stock.

1. In re Fifarek (Stark v. Fifarek), 370 B.R. 754, 758 (Bankr. Court, W.D. Mich. 2007); In re Hunt (Lillie v. Hunt), 323 B.R. 665, 666 (Bankr. W.D. Tenn. 2005) (“Since there is no specific statute of federal statute of limitations on how long this judgment is effective, the parties agree that we must look to Tennessee law [citation omitted])”.

2. Fed R. Civ Pr. 69(a)(1)&(2)

3. Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 201 [106 Cal.Rptr.2d 854]: The period prescribed in Section 683.020 commences on the date of entry and is not tolled for any reason

4 In re Levander, 180 F.3d 1114 (9th Cir. 1999)

5. Id. at 1121-1122, “We have held that Federal Rule of Civil Procedure 69(a) empowers federal courts to rely on state law to add judgment-debtors under Rule 69(a), which permits judgment creditors to use any execution method consistent with the practice and procedure of the state in which the district court sits.” citing to Cigna Property & Cas. Ins. Co. v. Polaris Pictures Corp., 159 F.3d 412, 421 (9th Cir.1998) (quoting Peacock v. Thomas, 516 U.S. 349, 359 n. 7, 116 S.Ct. 862 [1996])(internal quotation marks omitted); see also, Andrews at 568; Crump v. Bank of America, 235 F.R.D. 113, 115 (D.D.C. 2006); RMA Ventures v. Sun Am. Life Ins. Co., 576 F.3d 1070, 1074 (10th Cir. 2009) (“Once a federal district court issues a write of execution, a judgment creditor must follow the procedure on execution established by the laws of the state in which the district court sits. [Citations omitted] ***). Thus, as required by FRCP 69(a)(10), Defendants have turned here to the method of execution prescribed under Utah law.”

6. McCarthy v. Johnson, 172 F.3d 63 (10th Cir. 1999). Unpublished Opinion

7. Fed.R.Civ.Pro 69(a) et seq. incorporates the law of the state in enforcing money judgments, including the requirement of a renewal. McDaniel v. Signal Capital Corp., 198 B.R. 483, 486-487 (Bankr. S.D. Texas 1996); see also, In re Brink, 227 B.R. 94, 95-96 (Bankr. N.D. Texas, 1998); In re Davis, 323 B.R. 745, 748-749 (Bankr. D. Ariz, 2005); In re Hunt; (Lillie v. Hunt), 323 B.R. 665, 666-667 (Bankr. W.D. Texas 2005); In re Fifarek (Stark v. Fifark), 370 B.R. 754, 758 (Bankr. W. D. Mich. 2007). Also In re Romano (Romano v. LaVecchia), Westlaw cite unavailable [WESTLAW?] (9th Circuit BAP, 2009) (“Thus, state law governs the procedure for execution on a judgment in the absence of an applicable federal statute. There is no relevant federal statute we have been able to locate with regard to the renewal of judgment. The parties agree that Nevada law governs the enforcement of the judgment.” [6 years], aff’d 2010 Ap. Lex 5444 (9th Circuit, 2010).

8. See Marx v. Go Publ. Co., Inc., 721 F.2d 1272, 1273 (1983); see also; Duchek v. Jacobi, 646 F.2d 415, 417 (1981).

9. Andrews at 567-568 (collection of cases). Note the discussion whether the issue is the time limits for the issuance of a writ of execution is subject to state law and whether the judgment is extinguished.

10. See Donellan Jerome Inc. v. Trylon Metals Inc., 996 F. Supp. 996 (USDC, N.D.Ohio 1967 (Collection of cases).

11. Mississippi provides for statute of repose, not statute of limitations for judgment renewals. [Mississippi Code § Ann 15-1-43].

12. United States v. Tacoma Gravel & Supply Co., 376 F.2d 343, 344-345 (9th Cir. 1967) (“Consequently, the judgment becomes inoperative for any purpose after expiration of six years.) Please note that, while Washington has extended the life of a judgment to ten years, the holding in Tacoma that the Washington statute is one of repose, extinguishing the judgment, still applies. Cf. RCW 4.16.020 and 4.56.210

13. A statute of repose cuts off a right of action after a specified period time, irrespective of accrual or even notice that a legal right has been invaded. Giest v. Sequoia Ventures, 83 Cal.App.4th 300, 305 (Cal.App.1 Dist., 2000).

14. Tacoma at 344.

15. Id. at p. 345.

16. In re Penberthy, 211 B.R. 391, 395 (Bankr.W.D. Wash. 1997).

17. Goldman v. Simpson, 160 Cal.App.4th 255, 262: “The statutory renewal of judgment is an automatic, ministerial act accomplished by the clerk of the court; entry of the renewal of judgment does not constitute a new or separate judgment. ‘Filing the renewal application (and paying the appropriate filing fee, Gov.C. § 70626(b)) results in automatic renewal of the judgment. No court order or new judgment is required. The court clerk simply enters the renewal of judgment in the court records.’”

18. Songer v. Cooney (Cal. App. 2 Dist. 1989) 214 Cal.App.3d 387, 393, 264 Cal.Rptr. 1 [abstract of judgment ensures enforceability of judgment lien even though the debtor is bankrupt].

19. If in state court, the alternative method (if timely) is to file a suit to renew the judgment. See Pratali vs. Gates (1992) 4 Cal App. 4th 632, 637-638 and Green vs. Zissis (1992) 5 Cal. App. 4th 1219, 1222; for more a detailed discussion, see Fredric Goldman vs. Orenthal James Simpson (O.J. Simpson) (2008) 160 Cal.App.4th 255 [continuing jurisdiction over judgment debtor who absconds from California]. If the defendant departed the state, C.C.P. § 351 tolls the statute of limitations. Green vs. Zissis, supra., at 1222-1123. See also Kertesz vs. Ostrosky (2004) 115 Cal. App. 4th 369, 373. A California state court judgment becomes final upon expiration of the appeal time, or issuance of the remittitur. Green vs. Zissis, supra. p. 1223. If notice of judgment is service, the judgment becomes final in 60 days, and absent notice, 180 days. The notice of entry of judgment kicks off the 60-day clock under C.R.C. 8.104(a)(1) & (2) [60 days after notice from clerk or party], but under C.R.C. 8.104(a)(3), the judgment does not become final until 180 days after entry of judgment. A federal judgment, on the other hand, differs from state law, and is final upon entry. Eichman v Fotomat Corp. (9th Cir 1985) 759 F.2d 1434, 1439.

20. In re Bruce Bartleson, 253 B.R. 75 (9th Cir. BAP 2000) at 78-79

21. 11 U.S.C. § 1129(a)(7)(A)(ii) [Unsecured creditors should emerge from the Chapter 11 with equal or better than what would a Chapter 7 would pay]

22. See In re OORC Leasing, LLC (Bankr. N.D. Ind. 2007) 359 B.R. 227 at 233.

23. A statute of repose extinguishes the judgment. A statute of limitations on a judgment renders the judgment unenforceable. Consent decrees, Chapter 11 plans, and installment judgments provide for periodic payments, sometimes spanning more than ten years. Chapter 11 asbestos plans span decades. This article suggests that a statute of repose would extinguish the decree, plan, or judgment. The statute of limitations might render the decree, plan, or judgment unenforceable but the obligation might remain viable as a contract and enforceable by way of independent suit. Installment judgments have a separate clock under C.C.P. § 683.130(b)(1) based upon the accrual of the past-due payments. The math is left to another article.

24. Nearly all publicly traded.

[The views expressed in this document are solely the views of the Author. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance]

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

Home owners should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/

If you have received a Notice of Default “NOD”, take a deep breath, as this the time to start the FIGHT! and Protect your EQUITY!

If you do Nothing, you will see the WRONG parties WITHOUT standing STEAL your home right under your nose, and by the time you realize it, it might be too late! If your property has been foreclosed, use the available options on our package to reverse already foreclosed home and reclaim your most prized possession! You can do it by yourself! START Today — STOP Foreclosure Tomorrow!

If you are a homeowner already in Chapter 13 Bankruptcy and needs to proceed with Adversary Proceeding to challenge the validity of Security Interest or Lien on your home, Our Adversary Proceeding package may be just what you need.

What Homeowners Should Know About Foreclosure Defense

10 Friday May 2019

Posted by in Banks and Lenders, Case Study, Credit, Federal Court, Foreclosure, Foreclosure Crisis, Foreclosure Defense, Fraud, Judicial States, Loan Modification, Mortgage fraud, Mortgage Laws, Non-Judicial States, Pro Se Litigation, State Court, Your Legal Rights

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Over the past few years, a growing number of homeowners in the foreclosure process have begun to fight back, by stalling foreclosure proceedings or stopping them altogether. The legal strategy employed by these homeowners is known as foreclosure defense.

Since 2007, nearly 4.2 million people in the United States have lost their homes to foreclosure. By early 2014, that number is expected to climb to 6 million. Historically, the legal process of foreclosure, one that requires a homeowner to return his or her house to a lender after defaulting on a mortgage, has tilted in favor of the banks and lenders — who are well-versed in the law and practice of foreclosure.

The simplest way to avoid foreclosure is by modifying the mortgage. In a mortgage modification, the homeowner convinces the lender to renegotiate the terms of the mortgage in order to make the payments more affordable.

A mortgage modification can include:

  • A reduction or change in the loan’s interest rate.
  • A reduction in the loan’s principal.
  • A reduction or elimination of late fees and penalties for non-payment.
  • A reduction in your monthly payment.
  • Forbearance, to temporarily stop making payments, or extend the time for making payments.

The goal of the foreclosure defense strategy is to prove that the bank does not have a right to foreclose. The chances of success rest on an attorney’s ability to challenge how the mortgage industry operates. The strategy aims to take advantage of flaws in the system, and presumes illegal or unethical behavior on the part of lenders.

Foreclosure defense is a new concept that continues to grow alongside the rising tide of foreclosure cases. While some courts accept foreclosure defense arguments, others find them specious and hand down decisions more beneficial to banks than to homeowners.

A growing number of victories by homeowners in state and federal courts have altered the foreclosure landscape dramatically, giving optimism to tens of thousands of other homeowners in similar situations. And because many of America’s large banks have acknowledged unorthodox, unaccepted or even illegal practices in the areas of mortgages, loan modifications and foreclosures, they inadvertently have given homeowners additional ammunition with which to fight.

Foreclosure Defense Varies by State

A major strategy of foreclosure defense is to make a bank substantiate clear chains of title for a mortgage and a promissory note. If any link in either chain is questionable, it can nullify a lender’s ability to make a valid claim on a property.

The foreclosure process varies somewhat from state to state, depending on whether your state uses mortgages or deeds of trust for the purchase of real property. A mortgage or deed of trust outlines a transfer of an interest in a property; it is not, in itself, a promise to pay a debt. Instead, it contains language that gives the lender the right to take the property if the borrower breaches the terms of the promissory note.

If you signed a mortgage, it generally means you live in a state that conducts judicial foreclosures, meaning that a lender has to sue in court in order to get a judgment to foreclose. If you signed a deed of trust, you live in a state that conducts non-judicial foreclosures, which means that a lender does not have to go to court to initiate a foreclosure action.

In a judicial state, homeowners have the advantage because they can require that the lender produce proof and perfection of claim, at the initial court hearing. In a non-judicial state, the lender does not have to prove anything because the state’s civil code gives it the right to foreclose after a notice of default has been sent. So in non-judicial states, a homeowner must file a civil action against the lender to compel it to provide proof of claim.

Regardless of whether you signed a mortgage or a deed of trust, you also signed a promissory note — a promise to pay back a specified amount over a set period of time. The note goes directly to the lender and is held on its books as an asset for the amount of the promised repayment. The mortgage or deed of trust is a public record and, by law, must be recorded in a county or town office. Each time a promissory note is assigned, i.e. sold to another party, the note itself must be endorsed with the name of the note’s new owner. Each time a deed of trust or mortgage is assigned to another entity, that transaction must be recorded in the town or county records office.

Foreclosure Defense and Chain of Title

Here is where foreclosure defense can begin to chip away at a bank’s claim on your property. In order for a mortgage, deed of trust or promissory note to be valid, it must have what is known as “perfection” of the chain of title. In other words, there must be a clear, unambiguous record of ownership from the time you signed your papers at closing, to the present moment. Any lapse in the chain of title causes a “defect” in the instrument, making it invalid.

In reality, lapses occur frequently. As mortgages and deeds began to routinely be bought and sold, the sheer magnitude of those transfers made it difficult, costly and time-consuming for institutions to record every transaction in a county records office. But in order to have some method of record-keeping, the banks created the Mortgage Electronic Registration System (MERS), a privately held company that tracks the servicing rights and ownership of the nation’s mortgages. The MERS holds more than 66 million American mortgages in its database.

When a foreclosure is imminent, MERS appoints a party to foreclose, based on its records of who owns the mortgage or deed of trust. But some courts have rejected the notion that MERS has the legal authority to assign title to a particular party in the first place. A court can decide MERS has no “standing,” meaning that the court does not recognize its right to initiate foreclosure since MERS does not have any financial interest in either the property or the promissory note.

And since MERS has essentially bypassed the county record-keeping system, the perfection of chain of title cannot be independently verified. This is where a foreclosure defense can gain traction, by questioning the perfection of the chain of title and challenging MERS’ legal authority to assign title.

Promissory Notes are Key to Foreclosure Defense

Some courts may also challenge MERS’ ability to transfer the promissory note, since it likely has been sold to a different entity, or in most cases, securitized (pooled with other loans) and sold to an unknown number of entities. In the U.S. Supreme Court case Carpenter v. Longan, it was ruled that where a promissory note goes, a deed of trust must follow. In other words, the deed and the note cannot be separated.

If your note has been securitized, it now belongs to someone other than the holder of your mortgage. This is known as bifurcation — the deed of trust points to one party, while the promissory note points to another. Thus, a foreclosure defense claims that since the relationship between the deed and the note has become defective, it renders the deed of trust unenforceable.

Your promissory note must also have a clear chain of title, according to the nation’s Uniform Commercial Code (UCC), the body of regulations that governs these types of financial instruments. But over and over again, borrowers have been able to demonstrate that subsequent assignments of promissory notes have gone unendorsed.

In fact, it has been standard practice for banks to leave the assignment blank when loans are sold and/or securitized and, customarily, the courts have allowed blank assignment to be an acceptable form of proof of ownership. However, when the Massachusetts Supreme Court in U.S. Bank v. Ibenez ruled that blank assignment is not sufficient to claim perfection, it provided another way in which a foreclosure can be challenged.

In their most egregious attempts to remedy these glaring omissions, some banks have actually tried to reverse-engineer chains of title, using fraudulent means such as:

  • Robo-signing of documents.
  • False notary signatures.
  • Submission of questionable, inaccurate or patently counterfeit affidavits.

Exposure of these dishonest methods halted many foreclosures in their tracks and helped increase governmental scrutiny of banks’ foreclosure procedures.

Other Foreclosure Defense Strategies

Another option for a homeowner who wishes to expose a lender’s insufficient perfection of title is to file for bankruptcy. In a Chapter 7 filing, you can declare your home an “unsecured asset” and wait for the lender to object. This puts the burden of proof on the lender to show a valid chain of assignment. In a Chapter 13 bankruptcy, you can file an Adversary Proceeding, wherein you sue your lender to compel it to produce valid proof of claim. The Bankruptcy Code requires that your lender provide evidence of “perfected title.”

Another foreclosure defense argument explores the notion of whether the bank is a real party of interest. If it’s not, it doesn’t have the right to foreclose. For example, if your loan has been securitized, your original lender has already been paid. At that point, the debt was written off and the debt should be considered settled. In order to prove that your original lender has profited from the securitization of your mortgage, it is advised that you obtain a securitization audit. The audit is completed by a third-party researcher who tracks down your loan, and then provides you with a court-admissible document showing that your loan has been securitized.

A foreclosure defense can also argue that once a loan has been securitized, or converted to stock, it is no longer a loan and cannot be converted back into a loan. That means that your promissory note no longer exists, as such. And if that is true, then your mortgage or deed of trust is no longer securing anything. Instead of the bank insisting that you have breached the contract specified in the promissory note, foreclosure defense argues that the bank has actually destroyed that agreement itself. And if the agreement doesn’t exist, how can it be enforced? A corollary to this argument states that your loan is no longer enforceable because it is now owned by many shareholders and a promissory note is only enforceable in its whole entirety. How can thousands of people foreclose on your house?

While the foreclosure defense strategy is legal in nature, and can be handled differently by different courts, it should not be ignored when preparing a case.

The tactic of attacking a lender’s shoddy or illegal practices has proven to be the most successful strategy of foreclosure defense, since most courts are loathe to accept unlawful or unethical behavior, even from banks. If a homeowner can present clear instances of lost or missed paperwork, demonstrate that notes were misplaced or improperly endorsed, or prove that documents were forged, robo-signed, or reversed-engineered, the more likely a court will rule in his or her favor.

If you are considering a foreclosure defense, you have two options, you can either represent yourself in the Court as a Pro Se Litigant, (USING OUR FORECLOSURE DEFENSE PACKAGE), if you cannot afford to pay Attorneys Fees, as foreclosure proceeding can take years while you are living in your home WITHOUT PAYING ANY MORTGAGE. Or You may retain a Legal Counsel to Defend you. If you chose the second option, it is imperative that you retain the services of professional legal counsel. Regardless of how educated you are about the process, this is an area of law that requires a well-thought-out, competent presentation in a State or Federal court. Nonetheless, the Attorneys fees for foreclosure defense can accumulate over the years to thousands and even tens of thousands of dollars, that is why most homeowners, opt to represent themselves in the proceedings which can take anywhere between 1-7 years, while homeowners are living in their homes Mortgage-Free. The good news is that most foreclosure defense Attorneys equally use the same materials found in our foreclosure defense package to defend homeowner’s properties, and with these same materials, you can equally  represent yourself as a Pro Se (Self Representing), litigant.

A successful foreclosure defense may prohibit or delay the foreclosure process or it simply may induce a lending institution to negotiate a loan modification that allows you to stay in your home — which, of course, was the goal in the first place. You can equally be awarded damages by the courts for mortgage law violations by the lenders, in addition to loan modification.

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

Home owners should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/

If you have received a Notice of Default “NOD”, take a deep breath, as this the time to start the FIGHT! and Protect your EQUITY!

If you do Nothing, you will see the WRONG parties WITHOUT standing STEAL your home right under your nose, and by the time you realize it, it might be too late! If your property has been foreclosed, use the available options on our package to reverse already foreclosed home and reclaim your most prized possession! You can do it by yourself! START Today — STOP Foreclosure Tomorrow!

If you are a homeowner already in Chapter 13 Bankruptcy and needs to proceed with Adversary Proceeding to challenge the validity of Security Interest or Lien on your home, Our Adversary Proceeding package may be just what you need.

What Homeowners Must Know About Foreclosure

12 Wednesday Sep 2018

Posted by in Banks and Lenders, Credit, Federal Court, Foreclosure Crisis, Foreclosure Defense, Judicial States, Mortgage Laws, Non-Judicial States, Note - Deed of Trust - Mortgage, Pro Se Litigation, Real Estate Liens, State Court, Your Legal Rights

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Facing a foreclosure can be daunting prospect for people in trouble with their mortgages, especially when they are unsure of what to do. Across the country, six out of 10 homeowners questioned said they wished they understood their mortgage and its terms better.

When the economy collapsed in 2008, foreclosure became a fact of life for millions of Americans.  About 250,000 new families enter into foreclosure every three months, according to the Federal Deposit Insurance Corporation.

The same percentage of homeowners also said they were unaware of what mortgage lenders can do to help them through their financial situation.

The first step to working through a possible foreclosure is to understand what a foreclosure means. When someone buys a property, they typically do not have enough money to pay for the purchase outright. So they take out a mortgage loan, which is a contract for purchase money that will be paid back over time.

A foreclosure consists of a lender trying to reclaim the title of a property that had been sold to someone using a loan. The borrower, usually the homeowner living in the house, is unable or unwilling to continue making mortgage payments. When this happens, the lender that provided the loan to the borrower will move to take back the property.

How do Foreclosures Work?

People enter into foreclosure for various reasons, but it typically follows a major change in their financial circumstances. A foreclosure can be the result of losing a job, medical problems that keep you from working, too many debts or a divorce.

Foreclosures often begin when the borrower stops making payments. When this happens, the loan becomes delinquent and the homeowner goes into default. The default status continues for about 90 days. During this time, the lender will get in touch with the borrower to see whether they will be able to pay the balance of the loan.

At this point, if the borrower cannot pay, the lender may file a Notice of Foreclosure, which begins the process. The lender will file foreclosure documents in a local court. This part of the process usually takes 120 days to nine months to complete. If borrowers need extra time, they can challenge the process in court, and that’s where our Foreclosure Defense Package comes in.

How do Foreclosures Relate to Debt?

Some people facing foreclosure find themselves in this position because of mounting debt that made it harder to make their mortgage payments.

A foreclosure can add to your financial problems if your state allows a deficiency judgment, which means the borrower owes the difference between what is owed on the foreclosed property and the amount it eventually sells for at an auction.

Thirty-eight states allow financial institutions to pursue borrowers for this money.

In cases when a lender does not use a deficiency judgment, a foreclosure can relieve some of your financial burden. Although it is a loss when a lender takes the home you partially paid for, it can be a start to rebuild your finances.

It is a good idea to work with a financial adviser or a debt counselor to understand what kind of debt you may incur during a foreclosure.

What Else Should I Know?

If you are thinking about going into foreclosure, there are a number of things to consider:

  • A foreclosure dramatically affects your credit score. Fair Isaac, the company that created FICO (credit) scores, drops credit scores from 85 points to 160 points after a foreclosure or short sale. The amount of the drop depends on other factors, such as previous credit score.
  •  Get in touch with your lender as soon as you are aware that you are having difficulty making payments. You may be able to avoid foreclosure by negotiating a new repayment plan or refinancing that works better for you.
  •  States have different rules on how foreclosures work. Understand your rights and get a sense of how long you can stay in your home once foreclosure proceedings begin.

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

Home owners should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/loan

If you have received a Notice of Default “NOD”, take a deep breath, as this the time to start the FIGHT! and Protect your EQUITY!

If you do Nothing, you will see the WRONG parties WITHOUT standing STEAL your home right under your nose, and by the time you realize it, it might be too late! If your property has been foreclosed, use the available options on our package to reverse already foreclosed home and reclaim your most prized possession! You can do it by yourself! START Today — STOP Foreclosure Tomorrow!

How Home Buyers Can Remove Late Payments from their Credit Reports

25 Wednesday Apr 2018

Posted by in Credit, Your Legal Rights

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If you’ve had a credit report for more than a few years, chances are you’ve been hit with a late payment or two. They are very common because there are so many ways for them to happen. Maybe you were forgetful with 1 of the 12 bills you have to pay every month. Or, you might be short on cash for a month or two. Sometimes, bypassed due dates can simply happen by mistake.

Late payments can be very frustrating, especially when it’s the result of some temporary bad luck or a silly oversight. These pesky line items can affect your credit score for a long time. The negative impact on your score does diminish over time, but it will continue to be a blemish on your credit report for seven long years after the reported delinquency.

Fortunately, just as there are several ways to add a delinquency, there are also several ways to remove them. In this article, I will discuss a number of methods that may help you remove a late payment form your credit report.

What if there’s been a mistake?

If you think you have a delinquency that’s been misreported due to identity theft or because something was just misreported, you should attempt to negotiate with the creditor first. They will usually correct any errors quickly and then notify the credit bureaus once you contact them and present your evidence.

The first thing you should do is call the creditor, especially if it’s just a simple clerical error. That’s typically something they’ll recognize right away, and might even be able to fix the error on the spot without needing any documentation.

If the problem is something more sinister, like identity theft, it may become a more tedious process. They may require copies of your identification, police reports, sworn affidavits, or other documents related to the case. The Federal Trade Commission has a helpful Identity Theft Recovery Plan on their website.

If the creditor is not legitimate, out of business, or not able to cooperate for some reason, you can always go directly to the credit bureaus. In this case, it’s best to send them a dispute letter along with any supporting documents you think they’ll need.

If you aren’t sure what to send, you can call them first and ask. When you send the dispute letter, be sure to send it via certified mail. It may be a quick and easy process or it might take a bit longer, but once the issue is resolved, you could see an improvement in your credit score in a matter of weeks.

How can I dispute a legitimate late payment?

The Fair Credit Reporting Act (FCRA) gives you the right to dispute items on your credit report in order to protect yourself from unseemly creditors and overwhelmed credit bureaus. When you’re faced with a legitimate late payment, the key is to look for anything that might be wrong with the the entry reported on your credit report. Examples:

Misspelled word(s)
Incorrect date(s)
Anything you can possibly find.

If you hit a wall here, try to find something that might be wrong. You may want to focus on creditors who are no longer in business or have been acquired by another company. Try to find something questionable to dispute. The idea here is to find a creditor that may have a hard time validating the late payment when the credit bureaus request supporting documentation as required by your dispute.

Once you’ve found your error(s) or suspected error(s), you need to send a credit dispute letter to each of the credit bureaus reporting the erroneous information. Credit dispute letters can be a sent either by mail or online. In your letter, you should identify the error in question, and ask for the entire entry to be removed from your credit report.

Once the credit bureau receives your claim, the item you flagged for review gets labelled as “in dispute” on your credit report. Over the next 30 days, the bureau is required to investigate your claim and notify you of their findings.

If your dispute is successful, the entry might actually be removed from your credit report. Depending on the creditor and the severity of the error, this may not have a high chance of succeeding, but I’m one who always advocates for giving it a try. The worst that could happen is that the delinquency stays on your report the full seven years, so why not try?

If they find that your dispute is unwarranted because the reported information is verified and determined to be accurate, they will simply remove the “in dispute” label and no further action will be taken. If they are able to confirm the problem you identify, or if they fail to verify or validate the information that’s being reported, they are required to remove the disputed item from your record.

While it’s certainly possible to dispute something online or even over the phone, it’s always a good idea to use certified mail and retain receipts in order to document what you sent and when you sent it. This will help you hold the bureau to the 30-day timeline required by law.

What is a “Goodwill” adjustment?

A goodwill adjustment is when a creditor agrees to remove a late payment from your credit report as a show of “goodwill.” It’s usually awarded in response to a request supported by one or more mitigating factors that contributed to the late payment.

Goodwill adjustments can be tricky, because creditors are required to report everything accurately. It may be argued that removing a late payment that was actually late could be construed as false reporting, but that’s not necessarily the case.

If the creditor decides to “believe you” when you tell them the check was sent in plenty of time, but must have gotten lost in the mail, they certainly have the right to determine that it wasn’t really a “late” payment as much as it was a “mishandled” payment.

Some excuses for having a late payment are going to be more convincing than others. However, it’s always worth a try – there isn’t a true downside other than a small investment of time and/or resources. The upside, however, is significant – it can add several points to your credit score.

The best way to ask for a goodwill adjustment is to send a goodwill letter to the creditor. The most important thing to remember when writing a goodwill letter is that YOU are ultimately responsible for the late payment. Take a conciliatory tone, and explain the circumstances with an emotional plea. Let them know you learned from it, and it won’t happen again.

A goodwill letter is more likely to work if you are asking them to remove a “first offense” late payment. If it’s the latest in a long-established history of late payments, it’s going to be much tougher to yield a positive result.

How can I negotiate to have a late payment removed?

Some creditors might be more open to “reassessing” the circumstances surrounding your dispute or plea for a goodwill adjustment if you offer them some kind of incentive to take such action. The incentives can be wide-ranging, and would depend on your specific situation.

If you have a late payment in one of the first few months with a new creditor, you might be able to make a compelling case by offering to set up automatic payments. As a new client with a late payment right out of the gate, they might decide to jump at the opportunity to set up automatic payments.

If you suddenly came into some money through a large bonus or an inheritance, and you have a late payment on a long-standing account with a large monthly balance, you might consider offering to pay down a large portion or even the full amount of the outstanding debt in exchange for their agreement to remove the late payment.

Not all creditors will agree to these kinds of negotiations, but if you can think strategically about what might get them interested in “making a deal,” it could be an option worth pursuing.

Can I get some help with this?

Some of the methods I covered are quick and easy, but some of them require a fair amount of time and effort. If it starts to feel like your situation calls for more than what you are personally capable of handling, you may want to consider procuring the services of a quality credit repair company.

A good credit repair company can help you with any of these options, because they have experts that handle these issues each and every day. I’ve used credit repair companies to remove late payments from my report, and I found them to be extremely helpful and well worth the cost.

There are several ways to attempt to remove late payments from your credit report, and It’s ultimately up to you to develop your plan and make it happen. It’s always a worthwhile endeavor, regardless of how it all shakes out.

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

Home owners should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/

How Homeowners Can Remove Public Records From Their Credit Reports

25 Wednesday Apr 2018

Posted by in Credit, Federal Court, State Court, Your Legal Rights

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Public records can impact your credit score in a variety of ways. In the world of credit reporting, public records can include bankruptcy, judgments, liens, lawsuits, and foreclosures. Anything that might be considered a legal liability is a matter of public record, and will usually show up on your credit report.

Public records can be tough to remove from your credit report, but it can be done. It’s usually not as simple as removing a late payment or a credit inquiry, because when you are dealing with public records, courts are always involved.

Courts are required to keep certain types kinds of records archived online at the Public Access to Court Electronic Records (PACER). You won’t find records protected by privacy laws (criminal records, medical records, etc.), but you will find anything relating to a financial matter that was settled by a court. Unfortunately, those records nearly always find their way to the credit bureaus.

When you set out to try to remove a public record form your credit report, you can approach it one of two ways.

  1. You can attempt to get the public record expunged at the court of record, which is not going to be an easy battle.
  2. Or, you can attempt to remove the entry from your credit reports.

While it may be easier (but certainly not easy) to get your way with the credit bureaus, it’s important to remember that even if you are successful, the records will remain at the court. The three primary public records that you will contend with on your credit reports are bankruptcy, civil judgments, and tax liens.

How can I remove a bankruptcy from my credit report?

If you have a bogus bankruptcy on your report, you need to contact the court and ask them for a written statement that verifies you did not have a bankruptcy on file. If the court does have a bankruptcy on file, you will need to work with them to resolve the issue, usually by providing identification and other records to prove something went wrong somewhere.

Once you get everything you need from the court, send it with copies of your identification and, of course, your dispute letter via certified mail to each of the major credit bureaus. It will usually take a few weeks for the changes to be recorded on your credit reports, as long as everything you sent checks out.

If you have a legitimate bankruptcy on your credit report, it will be much more difficult to remove the bankruptcy before the required 7-year reporting period after filing a Chapter 13 bankruptcy, or 10 years for a Chapter 7 bankruptcy.

The first thing you should do is look for any kind of inaccuracies in the way your bankruptcy is being reported. Even if it’s just a wrong date or an incorrect dollar amount. If you find something that looks like a mistake, or even something that looks like it could be a mistake, seize on it as an opportunity. Send a dispute letter and ask them to correct the mistake and remove the bankruptcy. The hope is that one of these steps will expose some kind of problem or technicality that occurred during the process and will ultimately be grounds for removal.

If you’re looking at 7-10 years with a tainted credit report anyway, why not give it shot? If it seems like too much work for such a small chance of success, you might want to consult with a bankruptcy attorney or credit repair company to assess your situation and see if they can help you better your chances.

How can I remove a civil judgment from my credit report?

Experian has a clear explanation regarding civil judgments on their website. If a judgment is accurate, it cannot be removed and will remain on the report for at least seven years. The key thing to focus on with that explanation is the word “accurate.”

You should dispute any type of judgment, again trying to find any grounds possible on which to argue your case. If you dispute an unsatisfied judgment and your dispute is rejected, you should do whatever you can to get the judgment converted to “satisfied,” even if it means borrowing money to do so.

Unsatisfied judgments are especially damaging to your credit report, because they make it clear to would-be lenders that you still owe a balance on an outstanding debt. Furthermore, unsatisfied judgments can accrue interest at unforgiving rates over time. Even if they come off your credit report seven years after filing, they can reappear on your report as a “refiled” judgment until the debt is finally paid.

Satisfied judgments are less damaging than unsatisfied judgments for obvious reasons, but they still stay on your credit report for seven years after filing. Vacated judgments are usually pretty easy. Dispute them and send proof they were vacated, and they should come off your report usually within 30 days.

How can I remove a tax lien from my credit report?

When state, local, or Federal tax agency places a tax lien when you fail to pay your tax debt on time, they are essentially filing a legal claim against your property. Your property can include your home, your cars, your valuables, any business interests you might have – even your bank accounts and investments.

As long as they remain unpaid, tax liens can stay on your credit report indefinitely. While it’s possible the credit bureaus may remove an unpaid tax lien after a period of ten years, there is no guarantee that will still be the case ten years from now. The best thing to do if you have an unpaid tax lien is pay it in full as soon as possible.

There are programs in place designed to help taxpayers begin the process of repairing their credit faster than they can with most other types of delinquencies. The IRS, for instance, has a program that will allow you to request a withdrawal of the public notice of a lien.

To apply for an IRS withdrawal, you need to fill out a Form 12277, Application for the Withdrawal of Filed Form 668, Notice of Federal Tax Lien. The form can be used for paid and unpaid tax liens, but it’s important to remember that if you are successful in getting an unpaid lien withdrawn from public notice, you are still required repay the outstanding debt that will remain on file at the courthouse.

There are certain criteria that you must agree to and/or qualify for in order to be eligible for an IRS withdrawal. It’s important to make sure you specify that you want all three credit bureaus to be notified when you complete the Form 12277.

These programs make sense for both the citizen and the tax authority. The hardline provisions related to tax liens in the Fair Credit Reporting Act, are designed to be a deterrent, not a punishment. The government wants your money. Despite how it may feel when you get hit with a lien, they are not seeking to punish you to the point that it’s impossible for you to pay them anymore.

When completing the Form 12277, you will be required to provide a reason for the withdrawal request. You may want to consider telling them that the lien is hurting your credit score, which is causing you financial hardship due to higher interest rates on existing credit balances, which in turn are hindering your ability to pay future taxes. This will incentivize them to give you a break because they’ll see it as a worthwhile investment of their time. Again, even though it may feel like they want you to suffer, the reality is they just want their “fair” share of your money.

What happens if my attempts at removal are not successful?

If you’ve exhausted all options with a public record entry on your credit report, and it just doesn’t look like you’re going to succeed, there are things you can do to improve your credit score. The first thing to do is develop a financial strategy to prevent any future judgment or any other types of delinquencies on your credit report.

You can cut expenses like cable, data plans, dining out, and other non-essentials. You can seek to increase revenue by taking on overtime or a second job. Anything you can do to get your revenue and expenses into a healthy balance will help you in the run.

It’s OK to borrow money within reason, since lenders want to see successful borrowing history. But you should avoid taking on loans that can hurt you if you run into temporary financial trouble like a lost job or medical emergency.

Make sure you make all your loan payments and credit card payments on time, and again, you need to do whatever it takes to satisfy any unpaid judgments or tax liens.

If it starts to feel overwhelming, you might want to consult with a reputable credit repair company, tax attorney or bankruptcy attorney. When it comes to public records, it often makes sense to leave the legal and technical challenges to the experts who have devoted a lifetime to solving these kinds of problems. You can think of it as an investment in your financial future, and it can help you avoid even more stumbling blocks down the road.

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

Home owners should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/

How Homeowners in Foreclosure Can Quickly Improve their Credit Score

25 Wednesday Apr 2018

Posted by in Credit, Your Legal Rights

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When homeowners find themselves in an unfortunate situations like recent foreclosures, there are few things that can help a homeowner get back on track to purchase a New Home, and one of those things is Improved Credit Score.

A good credit score can give you a lot of freedom. A bad credit score can be prohibitive in more ways than one, making it harder to get loans with reasonable interest rates, or even to get a loan to begin with.

So, what is a good credit score?

According to Value Penguin, a credit score of 720 or more is considered excellent, 660 to 719 is good, 620 to 659 is poor, and anything under 620 is bad. In 2015, the average FICO credit score in America reached an all-time high of 695.

There are several different scoring models out there, and the average FICO score will vary based on age and location, but most will fall between 660 and 720.

So this article is going to discuss why your credit score is important, and give you eight ways you can improve your credit score quickly (potentially within 30 days).

Why is Your Credit Score So Important?

There are many reasons why your credit score is important.

Many landlords will check your credit report before renting to you. They want to make sure you can and will pay your bills on time, so a poor credit score could influence your ability to find a place to live.

Your credit score also affects how much you pay in home and auto insurance, and even whether or not you are approved for a cell phone plan.

Most importantly, your credit score determines the cost of your future purchases. A good credit score gets lower rates on loans and credit cards, resulting in lower overall costs.

To put this into perspective, someone who has a credit score of 650 and gets a 30-year $400,000 mortgage loan is likely to pay over $70,000 more in interest than someone who gets the same loan, but has a credit score of 750.

As you can see, you can save A LOT of money by maintaining a good credit score.

Top 8 Ways: How to Improve Your Credit Score

1. Pay your bills on time.

This may seem like a no-brainer, but 35% of your credit score is determined by your ability to pay your bills on time. Even a payment that is a few days late can significantly impact your credit score.

If you have missed one or more payments, that’s OK. By consistently paying your bills on time after your late or missed payments your score should start to improve, but it may take a few months before you see results.

2. Raise your credit limit.

By raising your credit limit you are decreasing your credit utilization rate. That is, as long as you don’t adjust you’re spending habits accordingly.

Then you would just end up at the same credit utilization rate and owing more.

To put this into perspective, if you have maxed out a $2000 credit card, and you call the creditor and get approved for a credit limit increase to $4000, you instantly cut your credit utilization rate in half.

You should see results in an improved FICO score within a month or two with this method.

3. Use different types of credit.

Using different types of credit like personal loans from credit unions and installment loans for things like furniture, in addition to maintaining a credit card or two, shows your ability to pay your bills and manage the different types of credit.

Once you successfully pay these loans off, making all the payments on time, the credit reporting agencies will see you as a good borrower and your score will increase.

4. Dispute discrepancies and errors.

You should examine everything in your credit report, particularly focusing on accounts that show late payments or unpaid bills. If you find any information to be inaccurate, you can report the inaccuracies on line through Experian, TransUnion, and Equifax.

Additionally, you may consider contacting a credit repair company like Lexington Law for their assistance in repairing your credit.

The reporting agency will open an investigation if they find your claims to be substantiated, and things should be resolved in one or two months.

You are entitled by law to one free credit report each year. You can request your free annual credit report from the major reporting agencies at AnnualCreditReport.com.

5. Strategically open credit accounts.

Opening too many accounts in a short amount of time can have a negative impact on your credit score.

When you apply for credit, a hard inquiry is made on your credit report, which will dock your credit score a few points. So, the more times you apply for credit the more points that will be docked from your credit score.

If you have one or two accounts with low credit limits and haven’t opened any new accounts within the last six months, opening a new credit card account can improve your score.

This works because by opening a new credit account you are increasing your overall credit limit, which if you don’t increase your spending habits, decreases your credit utilization rate. You could also achieve this by contacting your current credit providers and requesting a credit increase.

It cannot be stressed enough to spend only what you can afford to pay every month.

6. Pay your bills twice a month.

Most creditors only report balances to credit bureaus once a month. Even if you pay your card off each month, if you are running up large balances, it could appear like your overusing your credit.

For example, if you use a rewards card to pay for everything and max it out or close too every month. Even though you pay your bill in full, when the credit reporting agency sends in their monthly report it will look like your utilizing most of your credit, which will decrease your score.

You can counter this glitch in the system by splitting up your credit card payments, and paying on your balances at least twice per month to keep your running balance down. If you make a large purchase and have the cash, you should pay it off immediately.

7. Become an authorized user.

In order to become and authorized user, you need to have someone who manages their money very well and is willing to add you onto their credit account and issue a card in your name.

Obviously this person will need to care about you and trust you a whole lot to add you to their credit account. You should have no intention of using this credit card and should be asking this favor of someone only to improve your credit score.

Once you are an authorized user, the account will show up on your credit report as well as the credit utilization rate and all the on-time payments associated with the account. As a result your credit score will increase.

8. Reduce the amount you owe.

Ultimately the best thing you can do to increase your credit score is to reduce the amount you owe.

The amount you owe determines 30% of your credit score, but with financial discipline it can be easier to reduce the amount you owe than clean up a late and missed payment history.

By paying on time, twice per month, and decreasing the amount you owe, you can control the factors that collectively make up 65% of your score.

So by diligently focusing and committing to reducing the amount you owe and paying bills on time, you will dramatically improve your score.

Conclusion

It is important to understand that the quickest you will see an increase in your credit score may be a few months.

You can easily ruin your credit score within a year’s period, and it will take even longer than that to repair the damages of irresponsible credit usage. It is a lot easier and less stressful to maintain a good credit score, than it is to fix one.

The best advice is to not spend more than you can afford and to pay all of your bills on time. In the event that you lose employment and cannot pay, many creditors will work with you until you find new employment.

You have choices and the ability to improve your credit score, no matter how bad your score is. All you have to do is take action.

Do you have any tips on how to improve your credit score quickly? If so, please leave them in the comment section below.

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

Home owners should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/