Mortgage Snafu..please advise...

Discussion in 'Credit Talk' started by jond911, May 28, 2003.

  1. jond911

    jond911 Well-Known Member

    Ladies and Gentlemen....

    I posted here a few days ago ...thanking everyone...etc... Turns out there is a small snafu on my wifes CR... that I was unable to resolve and need some advice...

    Here we go... sorry if this get's too long...

    Wife has a deliquency on report with...you guessed it Household bank... debt is in excess of 2K with interest... Mortgage company needs proof debt is being paid... Turns out wife was sent papers about 1.5 years ago saying "judgement"...blah..blah...blah..

    Wife has been paying XYZ LLP 35 bucks a month for last 1.5 years.... no record of "judgement" on CR or public record... I fax copies of said "judgement" to mortgage company.... suddenly eventhough there is no public record of "judgement" debt must be resolved in full before closing...

    Here's the kicker... I call XYZ LLP. (CA) today... ask them what it would take to make this go away...acting on behalf of wife with fake made up name.... CR's currently showing charge-off of around $1800 .... CA shows debt around $4K ...with interest "court costs" etc...

    XYZ asks me what I'm offering.... I suggest .50 cents on the dollar of original debt of 1.8K.... get put on hold for about 30 seconds while rep "Calls Household".... gee that call was quick and rejected...get told that Household will only accept half of full debt because it went to judgement... so they want about $1900 bucks...

    Now... I'm wondering what I should do here... need some expert advice from some of you seasoned vets... I'm wondering if I should call the bluff on these folks... They refuse to fax a copy of payment history on debt to wife... eventhough we have every cancelled check in our possession... in addition prior to me calling today wife asked why debt is still being reported as deliquent or past due on CR with Household... XYZ rep has no idea why??

    I'm considering calling back tomorrow and stating that I have three RRR reciepts from Household with failed validation requests..... and suggesting that they are in violation of the FCRA ...FCDPA...etc...

    just to see if I can get them to wiggle...

    Any ideas, feedback, or suggestions would be greatly appreciated.... this has really caught me off guard...and if need be I'll settle with paying what they are asking for.... However... I feel like my wife got schtuped...here... and something just doesn't add up?

    Let me hear from ya!
     
  2. Mycroft

    Mycroft Well-Known Member

    If you had the cancelled checks to show payment on this account, you should have sent those to the mortgage company. That's proof the debt is being paid. The underwriter may have decided to look further, or not.

    Your mistake was in sending a copy of the judgement to the mortgage company. Once they see that (assuming the loan officer showed it to the underwriter) the debt has to be paid and they have you by the short hairs. At this point, if you can settle the debt for only $1900, you're lucky.

    Can you get somewhere working the validation and payment history angle? Eventually, but how much time do you have?

    If your mortgage is a refinance, then you may have the luxury of putting it off and taking care of this. You just have to home the rates are as good or better than they are today. If it's a purchase, then I'd suggest you bite the bullet, pay the settlement, and get proof that this debt is satisfied to your mortgage lender ASAP.
     
  3. keepmine

    keepmine Well-Known Member

    I agree with Mycroft. Validation will do you no good. A judgment is a factual matter and there is nothing to validate. I'd suggest not pissing HH off and they delete the chargeoff and replace it with the judgment.
     
  4. lbrown59

    lbrown59 Well-Known Member

    Suddenly even though there is no public record of "judgment" debt must be resolved in full before closing...
    jond911
    =================
    Well what did you expect after doing a dumb thing like this? ----------->I faxed copies of said "judgment" to mortgage company...

    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     
  5. lbrown59

    lbrown59 Well-Known Member

    Your mistake was in sending a copy of the judgement to the mortgage company. Once they see that (assuming the loan officer showed it to the underwriter) the debt has to be paid and they have you by the short hairs. At this point, if you can settle the debt for only $1900, you're lucky.
    Mycroft
    ==============
    Not to belittle the op But this was one of the stupidest things I've ever seen anyone do.
    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Lawyer Fees
    ------------

    A lawyer had successfully handled a difficult law case for a
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    The lawyer looked at the wallet in astonishment and handed it back
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  6. lbrown59

    lbrown59 Well-Known Member

    A j udgment is a factual matter and there is nothing to validate.
    keepmine
    =================
    unless it can be vacated.
    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
    http://www.send4fun.com/telephone.htm
     

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