Sunday, May 21, 2017

Judgments Don't Belong On Your Credit Reports

I am of the firm belief that most derogatory items that are on your credit reports don't belong on there.  You see, if you dispute an item, the credit reporting agencies are required to verify the item.  I wrote in a post quite a while back that verification is only hearsay unless it is accompanied by validation or proof of claim, which would be the documentation.  I'm not just pulling this stuff out of my ear. No, there is case law to back up what I'm saying.

Also, verification according to Black's Law Dictionary is Sworn Testimony.  This testimony can be in a deposition, on the witness stand, or an affidavit, sworn under penalty of perjury and under oath, and notarized. Who can testify?  Only someone with first hand knowledge. Only someone who has the documentation to support the testimony and the testimony that supports the documentation.  This is how it works. One without the other is hearsay and according to the courts, it's incompetent and inadmissible.

Now back to credit bureaus claiming something is verified. Have you disputed something and they said it was verified?  Did they provide any documentation?  Did they send you the sworn affidavit testifying to the accuracy?  Hmmm, I'm guessing for everyone that has disputed with the bureaus the answers are Yes, No, and No again!

Have you disputed a judgment and you know it's not accurate?  The amounts are not always accurate. The dates they report are not accurate, usually.  But bigger than those things, is the fact that they come back claiming "Verified" when there are only 3 entities that can verify according to Black's Law Dictionary and case law directly from quite a number of courts. You can verify it - and surprisingly many people actually unintentionally do that when they dispute a judgment. The plaintiff can verify it. And the court/judge has the capability to verify it but that is against the law for them to communicate with the bureaus regarding a specific consumer/case.  In fact, Equifax got slammed a little over a year ago in Chakejian v. Equifax and the court said they cannot claim the court or any government agency furnished information or verified information pertaining to a public record.

The bureaus don't get their information from the courts and plaintiff's don't furnish public record information nor do they verify it with the bureaus. What credit bureaus do is hire a 3rd party "vendor" to check the courts' public records and they furnish it and they claim to verify it. Wait a minute!  Do you see the words "3rd party?" Now remember what the courts and Black's Law Dictionary said about verification?  A 3rd party can't legally claim to verify anything because they lack 1st hand knowledge. They're not even qualified to be furnishing the information!

So, now you know why I'm saying that judgments don't belong on your credit reports.  If you have a default judgment, that is considered a "Void Judgment" because  the court lacked jurisdiction.  If you were sued by a 3rd party collector, they lacked and will always lack Personal Jurisdiction over you. No jurisdiction, no valid judgment! 

Of course, if you fought the lawsuit and didn't fight it properly, they will have a judgment against you because you didn't challenge jurisdiction properly and you didn't word things properly in your response and/or testimony in the case.  If you didn't challenge jurisdiction, you gave them jurisdiction and the courts generally are biased and favor the plaintiff.  You have to say the right things and word things properly and challenge properly and effectively in order to win.

It's the same thing when disputing with the bureaus.  You can fight the judgment and dispute and challenge the judgment with the bureaus, but they are liars, cheats, lawbreakers, and are biased in favor of the companies that pay them.  Judgments should come off easily because they cannot truly be verified. But if the language is not correct, its a 50/50 shot.

There are things you can do in preparation for disputing and I've talked about that on other posts.  These things will give you a little more leverage and help you get them removed.  But if you want someone with over 30 years of experience, who knows the exact verbiage that has given me a 100% success rate of removing the judgments from credit reports, contact me.  I can help you get them off.  I can help remove your judgments whether they are paid or not. Usually after doing some prep work, they come  off with the first dispute. Occasionally the bureaus push back a bit and we have another go at it but as of the date of writing this article, the success rate is 100%.

I want to help you remove these judgments from your credit reports. If you're running out of time to remove these or have been told pay a judgment showing on your credit reports in order to get a car or mortgage or a place to live, or a job, or a promotion, I know how to get them off your reports quicker than most companies, and quicker than disputing it on your own.  The verbiage I use is effective. It is proprietary. It works.

Call or email me today so I can help you get these off your reports and on with your life.  7 years is too long to suffer because the bureaus prefer to be thugs to consumers than to aid them with accurate, verified reports.  Fighting for 6 - 12 months or longer to get the bureaus to remove them when you need to close escrow in 45 days is too long. Let me help.  It's what I'm good at, what I'm passionate about, and I want you to be able to get the things you need that these judgments on your reports are preventing you from attaining.

My phone number is 951-801-2828 and my email address is futurefico@gmail.com. Contact me right away to allow me to help you start getting your life back.

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Monday, May 1, 2017

Repair Your Credit Before Buying Or Selling A Home

We're coming up on Summer and that is usually a hot time for buying or selling a home.  You need to consider the shape of your credit before you take the leap to either buy or sell real estate. It might seem like it doesn't matter how your credit is when you are selling your home but believe me, you are a prime target for the collection vultures. They're definitely preying on potential buyers but sellers usually have equity and they want to get hold of some of it as well.

For sellers, you're not going to be able to hide the public records like tax liens and judgments. The title company will almost always force you to pay those off before they will allow you to close escrow.  You may also get hit with claims from creditors and collectors that get wind of your transaction.  It's not hard for them to find out that you are selling your home so you really need to take care of your credit issues before you open escrow, and preferably before you even list your home for sale.  

Many times sellers are also going to be buyers. Again, you will want your credit in the best shape possible.  Even if your new lender doesn't require you to pay off certain alleged debts prior to funding, getting these things either paid or off your credit reports is most likely going to raise your credit scores, which will give you a better loan rate and save you thousands - even hundreds of thousands of dollars on your home loan and possibly other credit down the line. 

Some lenders will approve you for a loan with a mid FICO score of only 580. That is typically an FHA loan. However, debt to credit and debt to income ratios play a part in qualifying for a loan.  The higher your score, the better your interest rate. The less debt, and yes that includes 3rd party collector debt, the better your ratios are going to be. Many times your lender will tell you to pay off  the bad debts showing on your credit reports.  That's not necessarily the best advice, many times it is bad advice, but then again, they don't know credit repair the way a professional credit repair expert knows it.

I HATE, HATE, HATE anyone having to pay a 3rd party collector anything!  If you've read even just a few of my blog posts, you'll know that and you'll know that I stand firm in my claim that you don't owe a collection company a dime!  This is one of the main reasons that if you are contemplating buying or selling a home in the near future and your credit is not perfectly clear of these types of accounts, you need credit repair help soon.  You may also be in a position to need to rebuild your credit as well. This is where getting together with a professional credit repair consultant can really assist you in getting ready to buy a home.

Two other main items to address before buying a home are tax liens and judgments.  These are public record items but many times lenders don't pull public records reports on borrowers. So, if they are showing on your credit reports, you want to get them off. Otherwise, your lender might make paying them off a condition of  funding your loan.  Again, removing these types of items are where hiring an expert to assist you really helps you save many thousands of dollars.

I don't worry too much about removing bankruptcies from credit reports. It's not like you can hide the fact that you've had one (or more) in the last few years.  You have to disclose that on the loan application.  If you don't disclose it, you run the risk of being accused and possibly prosecuted for bank fraud. Don't go there.  

Bankruptcies are VERY difficult to remove from credit reports. You have to disclose the fact that you've had one when you apply for a home loan, so I just wouldn't worry too much about removing them.  Yes, attempt to remove them, but don't feel defeated if it doesn't come off.  At least it's not like a collection, tax lien, judgment or charge off showing a balance that might need to get paid in order to close escrow if it's showing on your credit reports.

Interest rates on home loans are still pretty decent but they're not going down; they're going to be going up. Now is the time to get to work on your credit if you're thinking of buying or selling a home in the near future. If you're thinking about buying in less than a year, then its probably best to hire someone to assist you. 

If you're needing to move and you're going to rent, if your credit has collections and public records, you are in the same position as a potential home buyer.  Landlords want to rent to people that have good credit. If they see you have tax liens,judgments, collections, charge offs with a balance higher than $0, they're going to choose to rent to someone with better credit  than you.  Your score will also reflect a lower number as well and that is a turn off to landlords.

 Credit repair is what I've done professionally for over 30 years.  My business partner has done credit repair for over 20 years.  We've taught other credit repair companies how to do it successfully. We are true experts. We want to help you purchase your home.  We want to help you keep the equity your home has earned.  We want to help you be able to rent your next home.  We want to help you. 

If you're ready to get your credit reports looking much prettier and your credit scores higher, we'd love the opportunity to help you reach your goals.  Email me today. Let us get you into your next home!  My email address is futurefico@gmail.com if you would like to contact me directly. You can also go to our website and fill out the form to get started with a free consultation. Just go to InsightCreditGroup.com so we can fight for you.