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First of all What Lending Tree mortgage costs are capitalized? Thanks in advance for any answer. Second question of mine... I am livid! I am finally closing on a house this week. The Lending Tree mortgage is based on a mine 640 FICO and I have fought hard to get there. Today some BS CA called Collectx shows up on my report and drops my EQ FICO 62 points to 604. I have never heard of these people and I don't owe them a dime. |
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Hmm... I need to find out myself. I don't know what is the answer to your question. I'll do some investigation and get back to you if I discover an useful answer. You should email the people at Lending Tree as they probably know..
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Because of my zip, I can't dispute online. THey make me go through CSC. A phone call is the best I can hope for and it is almost impossible to get through..
No matter the outcome, I will find out who this is and I will go after them with every legal means possible. It is bad enough dealing with old OCs who are reporting wrong. This CA is not mine and doesn't remotely match any of my past OC records. There are some scummy people in this world. I hope their mothers don't owe them any back allowance... |
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Dispute - some of the CRA's wont include it in the fico..
Get validation from the CA - they have to stop collection activites since this is w/in the 30 day window. I found a link here somewhere over the weekend to a court case or legal opinion of some sort where it was determined that reporting to the CRA is in fact a collection activity. Tell them to delete it until they can validate. You probably don't have enough time for this though :(.. |
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I just found this CA's web site, complet with e-mail address of the CEO and General Counsel. I sent them a very straight forward letter about this fraudulant account and the consequences they face if they cause me financial harm. IE: Suing for fines and DAMAGES! I gave them 24 hours to respond. I also found that CSC has a website now that allows online disputes. I disputed it and we will wait and see what happens tomorrow...
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I'm familiar with it and will get it done if it comes to that..
Thanks all. I am seeing some light.. |
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II've done dozens of mortgages where the credit waqs not pulled again prior to closing..
How long has it been since they pulled your CR? If it's within the last few eeks, you may not even have it pulled again... Also, search for "temporary injuction" on getting it off your CR... |
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If this CA account is truly not yours, tomorrow I would go get me some good stationary and send a very strongly worded ITS letter FEDEX overnight to these slimeballs. Skip the validation process and go straight for the CA's jugular. The account is not yours so there is nothing to validate anyway..
Make sure you tell them in your letter in no uncertain terms that if the account is not removed from your credit files within 48 hours you will sue them in United States District Court for defamation of character and violations of the FDCPA in the amount of (how ever much your new house is worth) for actual damages and as much as punitive damages as a jury will allow.. You also need to find a good consumer attorney ASAP. It may cost you some money but he/she will know how to really put the squeeze on the CA. Ed Combs law firm comes to mind.. I personally would not pay that CA a dime. If you end up losing your house because of that CA, there is probably a good chance they might end up having to buy you another one if you take them to court or at least get a decent settlement from their attempt at extortion... |
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I was under the IMPRESSION it is a "DONE DEAL" 48 HOURS BEFORE CLOSE....
They most likely WON'T pull it, if they have not done it by now.... I thought THIS LATE IN THE GAME...all they are waiting for is all the "PARTIES" to sign all the TONS of paperwork... |
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George... do you have the UYGF with your Lending Tree mortgage rates, too?? :-)..
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My credit reports were pulled on the 18th of the month and we closed on the 30th, no second report was ever pulled..
They only ever pulled one, ask your Lending Tree mortgage broker if the underwriter has signed off on your credit reports yet, that is what I did, if he says yes then you don't have a thing to worry about.. Good Luck!. Tac.. |
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MORE....
FOLLOW UP ON THE OTHER PROBLEM...maybe the first 2 or 3 Lending Tree mortgage payments can be paid...BY THE SLIME BALLS... |
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To get your points back, dispute it online with EQ. Items disputed on EQ are not figured into your score..
Smontoya5. ================. If yer lucky you might get back 10 or 15 perhaps 20 of the points... |
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1*they have to stop collection activites since this is w/in the 30 day window..
Jason. ===============. 1**Wrong. ******Once a CA receives a V.L. they have to stop collection.. 30 Days has nothing to do with it.*****The END ****** LB 59.. |
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Don't they use your middle score anyways?.
Jason. =================. Correct but that's not the only problem .. The other issue is they will not grant the Lending Tree loan unless you pay off the CA .. The END ************************* LB 59.. |
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Underwriter signed off on our Lending Tree loan nearly 2 months prior to closing (new construction) Last time they pulled cr was just before sign-off..
I understand your jitters...completely!! Everything will work out just fine. Handle it as others have suggested...dispute, write ca, etc. As far as closing goes, I betcha everything will go without a hitch!!!.. |
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Is this true? When I read the FDCPA it specificly says during the 30 day window. Are there some opinon letters, case law, or experiences to support this? if you're right then it would be a big boost to my efforts...
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You know, in this case, if this does adversely affect closing on your house, I would think that the actual damage amount to be substantial. As such, it would either be the cost of the house should the closing fall through, or the monetary value of the increased points (if any) are assessed. Regardless, forget extending any civility to this company, you are already facing undue durress over this 'account' - sue for every last cent!..
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Ask your broker if they pull a second report, because you are thinking of financing some furniture and don't want to risk the INQ if they need a second report. If they say no you can relax about your closing and just go after this scum bag at your own pace..
Hope this helps.. |
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Re-read the FDCPA. Nothing requires a CA to validate within 30 days...
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I never said the CA had 30 days to validate. here's some FDCPA sippets of what I was talking/asking about.
:. 809. Validation of debts [15 USC 1692g]. (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;. (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector;. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer... |
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You may request validation at any time and they are not allowed to continue to collect until they validate. The 30 day language prescribes a time period for the collector's benefit, that is to say, a time period after which the debt may be assumed to be valid..
Right now, I'd would advise the original poster to just sit tight. Even if the underwriter was going to pull another report, s/he would have had to do it before now to get the paperwork completed. If it does come up, the OP will have a fairly large amount of damages to back up any violations... |
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This only applies to what the CA can assume and has nothing to whith what happens after the 30 days..
Once the CA receives a Val. Letter at any time The CA can no longer assume anything... |
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I realized one could ask for validation anytime. I've been trying to figure out whether or not the CA had to cease collections, etc, if it were outside that 30 days just as if it were WITHIN that 30 days. I'm hoping to find someone who can point me to a case, opinion letter, or something that would support this as it would be very handy!.
Your statement that it only gives the 30 days as a timeline for the CA to assume they can pursue the collection is a good one. I'll have to look at that some. Anyone else have thoughts on this?.. |
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DID YOU CLOSE TODAY? WHAT HAPPENED????? GIVE US AN UPDATE! GOOD LUCK!!! THANKS!..
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Closing was delayed due to paper shuffle problems. Now it looks like next week..
I contacted this CA and threatened the hell out of them. Now I'm going to sit tight and see what happens at closing. My broker says all should be fine, so I calmed down a little. I'm still pissed off, though. After closing, I'm going to unload on these people, and if there were to be a problem, I'll sue for actual and punitive. That ought to get their attention... |
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Quote:.
Originally posted by lbrown59. 1*they have to stop collection activities since this is w/in the 30 day window.. Jason. ===============. 1**Wrong. ******Once a CA receives a V.L. they have to stop collection.. 30 Days has nothing to do with it.*****The END ****** LB 59. Is this true? When I read the FDCPA it specifically says during the 30 day window. Are there some opinion letters, case law, or experiences to support this? if you're right then it would be a big boost to my efforts.. Jason_l. ===================. Sure is.. For more on validation read this thread. 4*. Http://consumers.creditnet.com/strai...ght=validation. The END ************************* LB 59.. |
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I also go through CSC and when you call their # they give you a web site where you can dispute online..
It's. Www.csccredit.com.. Good Luck!.. |
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Yep. Went that exact route a couple of days ago. Just found out about it. Must be pretty new. Anyway, CSC needs all the help it can get...
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Get validation from the CA - they have to stop collection activities since this is w/in the 30 day window. h :(.
Jason_l. ================. There is no deadline to validate.. The END ************************* LB 59.. |
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1*CA's troll around looking for Lending Tree mortgage inquiries -.
They know that people are more likely to pay them if it's dependent upon you getting Lending Tree mortgage approval. Unfortunately, a lot of the time. 2*they're placing the items on the wrong persons report!. Smontoya5. 1* The CRAs automatically notify the CAs about this.. 2*They place it on everybodys report they have notification of.. If they place the same collection on 10 peoples reports and 4 of them pay it they get paid 4 times for the same debt.. The END ************************* LB 59.. |
