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.

Debt Settlement And Negotiation Is Bad For Your Credit!

I'm not a big TV watcher but sometimes when I do, I see ads for debt settlement and debt negotiation services.  They sound so nice and the actors pretend that their life after signing up is just so wonderful, like it solved all of their problems. Its a crock!  If they were honest about it, they would have a disclaimer that you could hear at a normal speed of talking where they told you who really benefits with debt settlement.

If you've read much of my blog, you have most likely read that you don't owe collectors a dime and you shouldn't pay them or settle with them. I feel the same way about charged off accounts with original creditors. You don't owe them squat.  Of course, that's not what you're going to read on most websites and blogs. No, they just keep spitting out the same garbage that the bureaus and the FTC, and the creditors and collectors want you to believe. 

But, you have to think about it. Why would they tell you that a charged off account still has to be paid? Why would a collector who you've never agreed to do business with tell you that regardless if its been charged off and now they own it, that you have to pay? I know you have got to sort of have the answer in your head as you read this - its so easy!  Its because they know if they get you to pay, they are going to make butt loads of money off of you and everyone else they convince that they need to pay.  What's that saying? Follow the money!

So why is debt settlement so bad for your credit?  Let me explain a little about your credit report and scores.  When you have a charge off, it can really cost you some points. But, as time goes on, it has less and less effect on your score.  In fact, at 2 years, it really isn't affecting your score at all. At least its not if they are reporting it properly. What I mean by that is, it should show what your high credit is and your balance should be $0 and your past due should be $0.  Anything other than that is wrong and even at 2 years old, it will be affecting your credit and your score negatively.  

This is when most people see that charge off and they think if they do the fake "honorable" thing and pay it off, it will help their score. NOPE! It will hurt your score.  What you should do, is tell the original creditor that you are not happy that they are intentionally damaging your credit score by knowingly reporting erroneous information. They charged this alleged account off. Their books say $0 past due now and $0 balance. So why on earth are they reporting anything other than $0? I admit that there's a lot of incompetent people working for these folks, but it is intentional. They want to screw you over because you stopped paying and they didn't get to swindle you for the full amount they were hoping for. Its retaliation!

So, they may come back with a phony verification but offer you a sweet deal to close it out. If you do that, what will happen to your credit is a new negative report that now will take another 2 years to have no affect and another 7 years before it will "fall off" of your credit report. Oh, and your credit report will also say that you settled! Is that helping you? Nah, but they made more money off you. They also took tax credits when they charged off, so now they have just committed tax fraud.  And when they charged off, they got a secret insurance payment that paid it off, so they also just committed insurance fraud. So tell me again how you benefited?  You have a fresh negative and 7 more years of negative crap on your credit and paid for something that had you continued to fight about, you never would have paid and you probably would have gotten it off your credit.

Let's talk about 3rd party debt collectors. They notify you that they are now collecting on behalf of an old credit card or medical debt that you failed to pay. But oh, lucky you. They're going to offer you an awesome deal where they're going to knock off half of the balance you owe them. Stop! You don't owe them. When did you contract with them?  Were they mentioned on the contract with the original creditor? NO, NO, NO they weren't! 

What you should do is demand validation from them. I think that probably 90-95% of the time, when they bought the portfolio of bad debt from the original creditor or some other junk debt buyer, they were missing a lot of the supporting documentation. I say this because 97% of collection lawsuits end up with the collector winning a default judgment. The defendant (think, overwhelmed or not notified consumer) doesn't fight it or respond. So, if they can count on that many default judgments, why would they care if they got full documentation to support the bad debts they buy?

When you demand validation, more than 1/3 of them will hit the road. They may sell it to the next junk debt buyer to try to recoup some of the money they spend, but each time they resell it, you have a higher success rate of getting rid of them.  But let's get back to debt settlement. Why would you settle with someone you don't owe, even at 1/2 the amount, when they bought it for probably no more than 20 cents on the dollar? That means they are also making money off of you when they never lent you a dime. And they probably can't prove you owe them anything.

But here's the bad part. They will now report that you have a paid collection.  A collection is worse than a charge off. It is bad. Always bad. And paying them is more fresh bad. No collector should ever be on any one's credit report, but if you pay them, you will have an even harder time getting it off because they have no incentive to delete and they will claim because you paid them, you contracted with them.

Now debt negotiation is a little different. This is where you hire a company to negotiate a settlement for you.  Why is this bad? Well, for all of the above reasons, but also, now you are paying another company money. They won't make payments on your behalf right away. No, they hold on to the money.  Oh wait, that's not correct. They will take a portion of your payment and keep it as part of their fee, and then hold on to the rest until you build up enough to make a settlement offer to 1 or a few creditors and or collectors. So now, you may have just been struggling to pay the credit card bills, but were never late, and this company stopped paying them, when you thought they were going to be managing it for you. Oh boy are you getting screwed!

Debt negotiation firms, (if they don't take your money and run), they hold on to your money so long without making payments that you will end up with charge offs, having original creditor debts now go to collectors, have your car repoed, even get you into a situation where you get sued! Wow, they are really helping consumers, aren't they?

Now there's also the consumer counseling companies. They do debt settlement also but its a little different. What they do is negotiate to lower or freeze the interest rates. But, the balance of the debt stays the same, plus you have a monthly fee for them negotiating with the credit card companies. You don't get any cut in the balance at all.  Its kind of like a Ch. 13 bankruptcy and they will many times notate on your credit report that its included in a counseling plan.  The only thing I can commend these types of settlement companies on is the fact that they actually will be making the payment to the creditors every month. That's because they don't have to save up a large amount to negotiate a balance settlement. So as long as you make that payment every month to them (which of course includes their service fee), they'll pay the creditors.

Okay, so who benefits? Well, many times these companies claim to be non-profit. That doesn't mean anything for you. It means they are exempt from taxation, but it doesn't mean it costs you less. And who donates to these companies, gives them grants, invests in them, keeps them up and running?  Many times its the credit card companies! I can tell you for sure the credit card companies are behind most of the credit counseling companies. Its another nice tax credit.  Did you see that one coming?  Its a stinking scam! So, now the negotiation company benefits, the original creditor benefits, the collector benefits, but how on earth do you benefit?

Every month they don't pay because they're building up the payoff fund, your credit report gets more late notations and your score drops, and you get charge offs, and you get new collection activity being reported on your credit. You aren't benefiting at all! You are getting spanked!

What annoys me also is, they have the nerve to claim they are helping you repair or restore your credit. Its such BS! They are no better than dirty 3rd party debt collectors. They are lying thieves!  None of them are out to help you. They are all vultures finding different ways to snipe your money from you. They don't care what kind of hardship it causes you. They don't care that it jacks up your credit. All they care about is the money. And its a lot of money. These debt settlement and debt negotiation companies make big money, whether they are for profit, not for profit, or non-profit.

If you want to fix your credit, don't think for one second that paying one of these companies is going to help you. They are not, and that's a fact! If you want to fix your credit, you're going to have to learn how to fight back. Learn to write validation letters. Learn how to read your credit report. Learn how to know if what they send back as validation or verification is accurate or actually validation or verification. You have to learn how to respond to them. If you want to be successful on your own, you will need to learn some laws and not just say the same thing that letters you find online say. You have to understand the laws. You have to know how and when  to use them, which ones to use, which case law to throw back at them, what to say to defend yourself and make them pound sand!

I try to teach you here how to stand up for yourself, how to fight to get your credit score back up and your credit reports looking pretty. But, it takes commitment. It takes time. It takes persistence and not everything always comes off.  You probably won't have as much success as someone who does it professionally, but you can see fantastic results if you keep at it and if you use a lot of what I share with you on this blog.  I don't think you'll find anyone else who has been in the business as long as I have been, willing to share as much truth and strategies and laws as I do here.  What I share has helped me be successful for almost 3 decades. I want you to be successful too!

So, I congratulate you on making the decision to fight to restore your credit and improve your credit. You can do it.  But, if you find you just don't want to do it on your own, I would love to help. Use the phone number or the email address up at the top right hand side of this page to contact me.  Let's get started on your new clean credit report so you can get those better insurance rates, you can get that job, you can qualify for that car or home purchase. Let's get you going to finally get back your life!

How To Deal With Collection Agencies ~ Part 3 (State Statute Of Limitations For Credit Cards)

A lot of the bad credit that is on credit reports is from collection agencies.  But, there are original creditors too that report, so you may have 2 or more negative entries on your report for the same alleged debt.  This tool, the State Statute of Limitations (SOL) is great for both.  Now, most states have reasonable SOL's but there are a few that are absolutely insane!  When an alleged debt is outside of the SOL it is considered Time-Barred and non-collectible.  But, that doesn't stop many of these collection agencies, and some creditors, from still going after you.  What is completely ridiculous, is that they legally can!  Well, that is, unless you put a stop to them.

How do you put a stop to them, through a demand for validation and then a follow up with a Cease & Desist (C&D) letter.  Some are arrogant and greedy enough though to file a civil claim against you.  That can easily be defeated by taking their lame attempt at validation (usually some printout or a copy of the last bill from the original creditor) that clearly shows a date from years ago.   I have actually seen them dummy up a new statement with a current date on it, supposedly from the original creditor, to try to re-age and trick the alleged debtor into giving up and just paying them.

I'm going to shout now, and bang my head against a wall - DON'T DO IT!!! DON'T PAY THEM!!!

Dig around for a true old bill or contact the original creditor for a copy of the statement.  Ask them to send you back a copy of the last bill that you paid or better yet, check your credit report. Usually, the original creditor will put a somewhat accurate date on the credit report, and Equifax has a little chart that shows when you did and didn't make payments.  That is proof of the Date of Last Activity (DLA), which is when the SOL starts tolling.  If you're sued, then that will be one of your exhibits in your answer to the complaint, proving that it is time barred and they have no recourse.  Don't forget, you want to keep copies of your letters demanding validation and their responses.  It is just more proof that they didn't validate, so they are in violation of the FDCPA (continuing collection activity without validating or verifying the alleged debt).

So, let's get to it. Here are the Statute of Limitations for Open Accounts, which represent credit card accounts, which are the main type of negative credit that annoys most of us, for every US state and several territories. 

STATE	NUMBER OF YEARS	ANY COMMENTS
Alabama	3 Yrs	Actions based on fraud - 2 yrs
Alaska	3 Yrs	Used to be 6 yrs
Arizona	6 Yrs  or  4 years On July 20, 2011 AZ changed its statutes to include credit cards as written contracts. If the default/DLA is prior to 7/20/11 then the prior 3 year statute of limitations (SOL) applies. If the DLA is after 7/20/11 then the new SOL applies.  Now, the new 4 year SOL is for credit card accounts obtained outside the state of AZ and the 6 year SOL applies to credit cards obtained in the state of AZ.  So check the billing address of your credit card account to see whether your credit card is inside or outside of AZ.	Judgments have to be renewed w/in 5 yrs. Pymt w/o acknowledgment doesn't restart the SOL
Arkansas	3 Yrs	Medical 2yrs from service or last payment, whichever is latest
California	4 Yrs	SOL stopped if pymt made after SOL expires - In other words, Do Not Make Pymt after it expires! But, pymt w/o acknowledgment does not restart the SOL
Colorado	3 Yrs	Jdgmt can renew every 6 yrs
Connecticut	6 Yrs	Open is considered written
Delaware	3 Yrs	Considered a general contract
District of Columbia	3 Yrs	Oral promise restarts SOL!!
Florida	4-5 Yrs	Contract or Written instrument is 5 yrs but all other is 4 yrs. Pymt w/o acknowledgment doesn't restart the SOL
Georgia	4 Yrs	From date of default, not last pymt. Making a pymt without acknowledging the alleged debt does not restart the SOL.
Guam	6 Yrs	For contracts such as medical bills, the SOL is 4 yrs from date of service
Hawaii	6 Yrs	Jdgmt can renew 10 yrs
Idaho	4 Yrs	Jdgmt can renew 5 yrs
Illinois	5 Yrs	Pymt or promise to pay extends it to 10 yrs from that date
Indiana	6 Yrs	Pymt, acknowledgment or a promise to pay restarts the SOL
Iowa	5 Yrs	Pymt, acknowledgment or promise to pay restarts SOL
Kansas	3 Yrs	Written contracts SOL is 5 years. Many sources claim SOL for credit cards is 5 yrs but that is not so according to Article 5, 60-512 of Kansas statutes.  Pymt w/o acknowledgment doesn't restart the SOL
Kentucky	5 Yrs	Judgment 15 yrs
Louisiana	3 Yrs	Jdgmt can renew 10 yrs
Maine	6 Yrs	Jdgmt is 20 yrs (don't let that happen to you! Pymt w/o acknowledgment doesn't restart the SOL
Maryland	3 Yrs	Reaffirming through written, orally or a pymt restarts SOL
Massachusetts	6 Yrs	Judgment 20 years, probate claims 1 yr from date of death. Pymt w/o acknowledgment doesn't restart the SOL
Michigan	6 Yrs	Jdgmt can renew 10 yrs. Pymt w/o acknowledgment doesn't restart the SOL
Minnesota	6 Yrs	Pymt or written acknowledgement restarts the SOL
Mississippi	3 Yrs	Jdgmt can renew 7 yrs. Pymt w/o acknowledgment doesn't restart the SOL
Missouri	5 Yrs	Jdgmt can renew 10 yrs. Pymt w/o acknowledgment doesn't restart the SOL
Montana	8 Yrs	Written acknowledgment or pymt restarts SOL
Nebraska	4 Yrs	Pymt, partial pymt, or written acknowledgment restarts SOL
Nevada	4 Yrs	Pymt w/o acknowledgment of alleged debt doesn't restart SOL
New Hampshire	3 Yrs	Pymt restarts the SOL
New Jersey	6 Yrs	Jdgmt can renew at 20 yrs - that's insane!
New Mexico	4 Yrs	Written acknowledgment or pymt restarts the SOL
New York	6 Yrs	Pymt w/o acknowledgment doesn't restart the SOL
North Carolina	3 Yrs	SOL runs from date of each individual charge
North Dakota	6 Yrs	Written acknowledgment, promise to pay, or payment restarts the SOL
Ohio	6 Yrs	Jdgmt can renew at 5 yrs
Oklahoma	5 Yrs	Jdgmt 5 yrs
Oregon	6 Yrs	Jdgmt 10 yrs
Pennsylvania	4 Yrs	Written acknowledgment, promise to pay or pymt restarts the SOL
Puerto Rico	3 Yrs	Jdgmt 15 yrs
Rhode Island	10 Yrs	Jdgmt 20 yrs.  Just slap me silly if I ever go nuts and move there!
South Carolina	3 Yrs	Written acknowledgment or partial pymt restarts the SOL
South Dakota	6 Yrs	Jdgmt 20 yrs.
Tennessee	6 Yrs	Jdgmt 10 yrs
Texas	4 Yrs	Pymt w/o acknowledgment doesn't restart the SOL
Utah	4 Yrs	Jdgmt 8 yrs. Written acknowledgment restarts SOL
Vermont	6 Yrs	Jdgmt 8 yrs
Virgin Islands	3 Yrs	Jdgmt 20 yrs
Virginia	3 Yrs	Jdgmt can renew at 10 yrs. Pymt w/o acknowledgment doesn't restart the SOL
Washington	6 Yrs	Jdgmt can renew at 10 yrs
West Virginia	5 Yrs	Acknowledging debt, promise to pay, any pymt restarts SOL. Be careful, it may apply to verbal/oral acknowledgment.
Wisconsin	6 Yrs	Pymt restarts the SOL
Wyoming	10 Yrs	Jdgmt 21 yrs. Again, just slap me silly if I ever go nuts and move there!

This information is believed to be correct as of the date of this post, but state laws and statutes can change.  You should also check your state statutes to verify that this information is correct, just to be on the safe side. Even though some states show that making a payment without an acknowledgement does not restart the SOL, to be on the safe side, Don't Make A Payment! Don't verbally or in writing admit that its your debt. Don't reaffirm, especially if you are near, at, or past the SOL. Doing any of these things will make the negative information stay on your credit longer. You're trying to improve your credit, not make it worse, right?

Again, just because you have hit the SOL for an alleged debt, it doesn't mean the lowlife, scumbag, junk debt buyers can't keep hounding you and keep trying to collect. If you are outside of the SOL, you will need to send them that C&D letter to make them go away.  I have a sample of one of the C&D letters I use on the post from April 30th, 2013 titled How To Stop Collectors and Creditors From Calling You. (It will open in a new window if you click this link).  

If you don't mind them calling you multiple times a day or using auto dialers, or any other violation of the FDCPA, FCRA, or TCPA (Telephone Consumer Protection Act), you can keep a notebook or log book and start documenting, then hit them with a "Notice of Demand" for their violations, notifying them if they don't remove the negative entries from your credit reports, you will be taking them to court.  There is a procedure for this, but I do have some friends that successfully have made some of them pay them as well as deleting the alleged accounts.

Well, hopefully this information will help you in your fight for better credit reports and good riddance of those pesky collectors.  If you need help with your credit repair, feel free to call or email me. I do respond and answer my phone.  If its a job you don't want to take on by yourself, again, just email or call me. My contact info is Waaaay up there at the top on the right (I know, this is a looooong post!). I would love to help you get the credit report that rightfully belongs to you!

How To Stop Collectors and Creditors From Calling You

One of the most annoying things about having bad credit is getting phone calls from creditors and collectors.  You don't have to put up with it.  There is a very simple way to make the phone calls stop.  To do this, you send them a very simple letter called a "Cease and Desist" letter.

Now, you want to be careful here.  You don't want to send a "Full Cease and Desist" letter to everyone that is harassing you with those bothersome phone calls.  If you do, and you allegedly owe them a lot of money, then they will have no choice but to sue you.  So, instead, you will need to send them a "Limited Cease and Desist" letter.

The difference between the two letters is that the "Full" version stops them from contacting you at all, in any way, shape or form.  The "Limited" version stops them from calling you. The "Limited" version is what you are going to need to use most of the time.  Now, it does work, but you have to realize that if the calls keep coming, its because of one of two things. One, they don't care if they break the law, or two, they stop but they sell the alleged account to another bloodsucker and that collection company starts bugging you on the phone. 

Sometimes original creditors will claim that they have the right to contact you by phone, but they absolutely do NOT if you send them the "Limited Cease and Desist" letter.  You can tell them by phone but you will always need to follow up immediately in writing.  You can send it by fax if you have their fax number, or by email if you have that, but sending it by mail is best, and always with Certified Mail, Return Receipt.  That way, they know you are not messing around.

The only time I recommend sending the "Full Cease and Desist" letter is when the alleged account is absolutely outside of the Statute of Limitations for your state.  Even if it is a 3rd party collector that is calling, and you know if you've read much of this blog that they do not have any rights to collect anything to you, you must cover your you know what with them and not use it unless it is Time-Barred or it is so little of an alleged amount that it is not profitable for them to sue you.  Though its not profitable for them to sue you for a couple hundred dollars, they may tack on all kinds of legal fees, collection fees and court costs, to drive the price up and make it worth their while.  Also, make sure you have the documented proof that it is outside of your state's Statute of Limitations when you send them the "Full" version.

I include the "Limited" version on all letters that I write for my clients. It is the last paragraph on my demand for validation letters.  I modified it from the basic ones you find on the internet because I wanted to cover every single possible phone contact they could dream up.  Occasionally I use the "Full" version as well.  Now, I generally use this in a follow up letter to them when I know the Statute of Limitations has been reached and I know they know it, and they are still being annoying.  My "Full" version is not your typical one you find online either.  It is actually several paragraphs long because I put extra stuff on there to again attempt to force them to get their crap off the credit report.

Here are the two versions I wrote and use:

Limited Cease and Desist

I am requesting, in writing, that no telephone contact be made by your offices to my home, my cell phone, my place of employment, any friends, acquaintances, or family members. If your offices attempt telephone communication with me or people I may work for or know, it will be considered harassment and I will have no choice but to file suit. All communications with me MUST be done in writing and sent to the address noted in this letter. 

Full Cease and Desist

You are hereby notified under provisions of Public Laws 95-109 and 99-361, also known as the Fair Debt Collection Practices Act, that your services are not accepted and I refuse to contract with you. You and your organization must CEASE & DESIST all attempts to collect the above alleged debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission, Consumer Financial Protection Bureau, and my state Attorney General's office. I will also pursue all criminal and civil claims against you and your company.

Furthermore, if any negative information is not removed from my credit bureau reports, or placed on my credit bureau reports by your company after receipt of this notice, I will have just cause to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.

Please be aware that any telephone communications with me will be recorded for use against you in a court of law.  Your use of the telephone with me constitutes your agreement to my recording any and every communication from you via a telephone.

One more thing. If you can remember to do this, it can really benefit you.  Keep a journal or notepad that tracks all calls you receive. Note the company name, person who called, if it was a recorded message, the phone number, date and time of call, and the date you sent a "Cease and Desist" letter to them.

This is important because when you write to them, you will state every time they have called you.  You will remind them that you already sent a "C&D" to them on what date and you have the green certified receipt that they received and signed for it on whatever date. You may want to send them a bill charging them $1000 for every single call they made to you, another $1000 for every time they called your cell phone, $5000 every time they used a "Robodialer" and you have documented everything and have proof.  These are FTC and FDCPA violations. You could even offer them a settlement for their abusive practices to avoid being sued by you. Of course, your settlement conditions would include that they remove any trace of the alleged account from every credit report they furnished the bogus information to.

Good luck on your credit repair journey. As always, if you would like me to help you, I would love to be of assistance.  My contact information is up at the top, on the right.  If you leave a comment requesting help, please make sure you put your email in there so I can respond to you more effectively.

If you have found this blog helpful to you, please consider donating as a sign of your appreciation for information I have freely given to you.  The "Donate" button is on the right side bar.  Thank you for your generosity.

Will Paying Off Old Collections and Judgments Improve My Credit Score?

One question I get asked a lot is "Will paying off old collections help or improve my credit score?"  The answer to this is No!


Oh, you want an explanation?  Okay, here it is.  If you've read some of my old posts, you'll know that I often say, once bad, always bad.  In other words, if you have a bad trade line or bad credit entry on your report, especially from a collection company, whether you pay it or not it is bad.  If you pay it, it is just a paid bad credit entry.  So, you don't want to pay it, you want to get it removed.

What if you feel like you have a moral responsibility to pay the debt?  My suggestion, get therapy and get over it!  Okay, I'm kind of kidding.  But think about it.  If its a collection company, did you sign a contract with them - uh, nooooo.  You don't sign a contract and set up accounts with collection companies, they buy old bad alleged debts and then try to make you think you owe them.  But you don't owe them.  You NEVER owe them.

Did you watch the video about how loans and credit really work? I love that video.  He makes it so clear.  First of all, banks and creditors don't lend money. They create it with a few strokes on a keyboard.  They don't lend credit - well, actually they do, but that is illegal.  It is fraud and they get away with it all the time because these different entities have brainwashed and manipulated your thinking to make you believe you actually owe money that was never lent to you.  

Besides the fact that none of these creditors every really lend any money to anyone, they insure this made up debt and after 3 months of no payment, they put in a claim for insurance monies and at 6 months, they charge it off and take tax credits as well.  So, how are they hurt? Oh, well, they get hurt in that they didn't make as much of an obscene profit as they were hoping for, but, they still got money from you that you didn't really owe and they got interest for money they never lent, and they got tax credits and they got insurance monies.  

What did you get in return? You got to buy something with credit collateralized by your signature, which they insured and sold many times over and never applied the money they got from the sale of your promissory note to the phony baloney credit you used. You got harassment and credit dings, and higher interest rates and extra exorbitant fees. You probably got denied credit.  Wow, now there's mutual consideration and fair trade.  What you actually got is a void contract that they never disclosed to you, that they actually had no right and have no right to receive any money from you.

So, what good comes of paying collections or judgments? Well, if you're trying to get a loan or some new credit, the lenders/creditors like that you pay your alleged debts. But your score doesn't really go up too noticeably.  It may go up a little bit when you pay off a judgment because it really helps your debt to credit ratio.  But, what you may not realize is that when you pay these old, alleged debts, it resets your date of last activity (DLA) and that's like fresh bad credit and then you get to fight with the bureaus for another 7 to 10 years to get the crap off.

Oh, and paying off accounts with a settlement agreement.  Should I even go there? That makes me want to scream!  If you pay off an alleged debt with a settled, less than full payment, you know what you get for that moral decision?  You get a new DLA on your credit report and you get a form 1099-C to pay taxes on cancelled debt. Yes, taxes on the magic money that the creditors already got a tax break and big fat insurance bonus on. And you get a lower credit score because you didn't pay in full, as agreed. And, since it was probably already a bad debt, now you have a paid bad debt.

Do you see why I don't like the idea of paying off these old alleged debts?  Judgments, sometimes you just don't have a choice because they put liens and garnishments on you. The best thing to do before you get a judgment, is to set yourself up with some asset protection to block them from getting anything from you.  Then, in 10 years, most likely they are not going to renew the judgment and you're good to go. If you've already had a judgment put against you and your wages have been garnished or you've paid it already, make sure you get that notice of satisfaction and make sure they record that with the courts or they will be screwing you over on your credit for many years to come.

If your credit has these negative trade lines, bad credit, derogatory credit entries and you are ready to fight but need some help, please email or call me.  If you don't fight back and if you don't try to repair your credit reports, they will just stay bad.  Collectors, creditors and the bureaus will not go out of their way to remove old bad credit on their own most of the time. It is up to you to make them do it. I would love to help you get your credit back to when it was looking much prettier.  My contact information is up at the top on the right. Please call me or email me so I can help you get started.

How Bad Credit Affects Your Credit Score (Part 3/3)

Part 3:  The effect bad credit habits have on your credit score

In the first 2 parts we talked about 2 of the most popular credit scoring models. Now I'm going to try to expose how the different bad categories affect your credit.  When I say "categories" I'm talking about collections, charge-offs, liens, late pays, judgments, bankruptcies, and accounts that are showing "Settled".  All of these things are negatives and hurt your credit score.  What's worse, is that they cost you money in higher interest rates, higher insurance rates.  Even your ability to get a better paying job, (or a job at all, in this economy), can be affected.

When you have negative credit on your credit report, the negatives cost you the most points when they are newly reported.  As time goes on, your score will raise a bit, regardless if you paid off the negative tradelines or not.  I always tell people that a negative is bad and once bad, always bad - even if its paid. It is just a "Paid" bad and costs you points.  In fact, when you pay an old negative, it sets a new date for how long that negative can stay on your credit.  That's one of the reasons why I don't advocate paying old debt at all.  You need to get those off, not just showing paid.

Exactly how the scoring and how many points for each baddie is figured, I can't say.  I do know some general information.  They like to keep the percentages and algorithms a secret.  Its my opinion that they do this because they don't want everyone having good credit.  Bad credit is Big Money.  Think about it, when you are offered pre-approved cards in the mail, they are almost always attached to higher interest rates, annual and sometimes monthly fees, teaser rates to start off with and then the rate jumps, and almost always, the type of cards offered are for people needing to rebuild their credit.  

These companies get your information from the bureaus.  The bureaus sell your information. They have lists of people grouped and categorized for sale. Those with bankruptcies approaching 2 years, those with paid collections or charge-offs, low FICO score range lists.  This is one of the main ways bureaus make money.  Now, these companies offering the credit cards, the ones that buy the lists from the bureaus, they stand to make a ton of money because the interest rates and fees are higher than what someone with A credit will accept.  As I said before, bad credit is big money, its big business.

So how many points do these negative items cost you?  Its not the same amount for every person. One thing that affects the amount your score will drop is what the FICO score was before the negative was placed on the credit.  The higher the credit score, then the more points a negative mark will cost you. I believe because this is true, that the points it costs you is a percentage of the starting score.  Also, the amount of points you get back when you get the negative removed is generally going to be less than the amount it cost you because the longer the negative is on your report, the less it costs you.  In other words, every time your credit score is updated, you may gain a few points.  Sometimes it updates because a new negative is put on, but it can be offset by the score raising a little bit, from the length of time older baddies have been on the report.  So time and changes to the report affect the score.

Here are what some of the different "baddies" will cost you in points, and why you need to get these deleted from your report, not just paid off.  Remember, its based on what your starting score it.

New Collection:                   Avg. 50 - 150 point drop for each one
Points lost are based on your starting score and the dollar amount of the collection reported.  It is a confusing formula, but this is what I have learned through research.  Initial points lost 50-100 for the first $236 then another 35-50 points lost for each additional $354. Then, they add back some points ranging from 76-175.  On a $1200 collection with a starting score of 700, there would be a loss of approximately 112 points.
Charge Off:                          Avg. 50 - 150 point drop for each one
Points are lost based on your starting score, but don't forget, this point drop is in addition to all the drops your score has suffered from the points lost for each 30 day late pay (and 60 - 180+ late pays), and then, when they sell it to a collection agency, you get dinged again when they report!
Late Pays:                            Avg. 60 - 110 point drop for each one
Points are lost based on your starting score.  The higher your score was to start with, the more points it costs you. With each successive late payment, it should drop less and less because the score is lowering each time.  But, late pays really hit you hard and cost you a lot of points.
Bankruptcy:                        Avg. 130 - 240 point drop
Points are lost based on your starting score.  You see the effect right away, but it causes all the collections, judgments, anything included in the BK to show paid. By the end of 2 years, your credit score can really see some recovery.  I've seen some credit reports that had the whole payment history removed on accounts that were included in the BK.  Removing all those late pays, helps offset the huge point loss you get from BK's.
Foreclosure:                        Avg. 85 - 160 point drop for each one
Points are lost based on your starting score. Don't forget, you have been losing a ton of points all along with the late pays and NOD's (I don't know what an NOD point cost is - I figure probably similar to another late payment).
Judgment:                           Avg. 50 - 150 point drop for each one
Points are lost based on your starting score. Again, you've most likely lost points already for late pays and charge off, and collection. This is just another hit with a hammer. Time passing does help. Paying it helps because it really affects your debt ratio, and if you try to buy or sell a house, it will have to be paid before escrow can close.
Settled Account:                 Avg. 45 - 125 point drop for each one
Points are lost based on your starting score. You've probably been hit with late pays, charge off, and / or collections, costing you a ton of points before you get to this scenario, then you get to lose more!  But, I absolutely loathe settling accounts. First, I don't agree that you actually owe most creditors, and definitely not a collector.  But what's worse, is you will get a 1099 Tax Form making you pay taxes on the amount forgiven as if it was income!!!!  Can you hear me screaming not to do this?
Maxed Out Account:             Avg. 10 - 45 point drop for each one
Points are lost based on your starting score. I think the higher monthly payments you have to make on the account are worse than the point drop you get.  Besides, as you keep making payments, you'll recover from this one fairly quickly - at least if you can make more than just the minimum payments.
"Hard" Inquiries:                   Avg. 5 - 55 point drop for each one
Points are lost based on how many you have in a short amount of time. If you're applying for credit all over the place, that's going to cause a lot of "hard" inquiries - the kind that cost points and everyone that pulls your credit can see. If you're applying for a mortgage, they don't count multiple pulls against you though, if they are within a 30 day period, because they know that loan officers may be required to pull several times when "shopping" your loan to get you the best rates.  Also, points from inquiries only affect your score for 1 year, and then there is no impact from them at all.

When you remove negatives like these from your credit report, you can expect to see your score increase.  I don't know the formula for that either, but you can sort of figure it will be about half the points from the low end to half the points of the high end in the point range for each item.  This is because time heals a bit and the points you initially lost are greatest right away then slowly you start getting some back.

Well, I hope I was able to give some information that may answer some questions. Please remember that because the algorithm is not disclosed, these numbers are just from testing and tracking done by research groups trying to have a better understanding of the scoring formula, and bits of information that FICO releases to give a little insight into how they score in order to help people manage their credit.                      

How Bad Credit Affects Your Credit Score (Part 1/3)

Part 1:  Breakdown of Your FICO Score

Some of the most common questions I get asked about credit repair are related to how my score is figured and how much will my credit score go up by removing these negatives.  I wish I could just give people an easy answer like, "Collections cost you 10 points each and charge offs cost you 20 points, etc." but its not that simple.  The FICO Score is broken up into 5 categories, but also, people are broken up into categories - or more so, demographics.  It is also based on what your previous FICO Score was before the negatives hit your report. The FICO Score is the model used by almost every lender when applying for major credit.

The five categories of a FICO Score are A) new credit; B) credit mix; C) credit history; D) length of credit history; and E) debt amounts.  I'll try to explain them in an easy way to understand:

• New Credit: This makes up 10% of your score. This is why having inquiries from "hard pulls" affect your credit score.  One or two over several months is not a big deal. But, if you're applying for credit all over town, on the internet, etc. it starts to ding your credit.  New credit is not bad but when you start having lots of inquiries and lots of new credit, all in a short time, your score will go down. The thing that adds back points in this category are utilizing the new credit, paying on time, and time itself.
• Credit Mix: This makes up 10% of your score. It means different types of credit. Revolving credit, installment credit, auto loans, mortgages, charge cards, credit lines, etc. Auto loans and mortgages are installments usually but so are some furniture and appliance store accounts. Student loans are also installment credit.  They like to see that you can handle paying different types of credit on time.
• Credit History: This makes up 35% of your score and represents how you have paid for your different reported accounts. This is where late pays affect your score, and they DO affect your score! It is also where charge offs and collections are factored in. Bankruptcies, judgments, tax liens and other bad credit items all are scored through this category.
• Length of Credit History:  This makes up 15% of your score. This is the category that rewards you for time. If you have credit cards that you've had for several years, it is a plus for your credit. This is the category that reinforces why you should not close "Old accounts" that you are not using. Go spend $5 on something and pay it off. Those oldies offset the affects of bad credit a bit, and when you get "baddies" you really want to hang onto the good ones.  In fact, these old trade lines are what really help your score when you start repairing your bad credit.  Can you imagine if you remove all your bad credit but had closed all your old good credit? You would have NO credit!  So, don't close those old cards, even if they have old lates on them. Lates fall off over time.
• Debt Amounts: This makes up 30% of your FICO Score. This is why finance professionals advise you to keep your debt balance at 30% of your credit limit.  Ideally, you should keep it at 19% of the credit limit because this number is where people have seen the highest credit scoring when they have done tracking and studied it.  Maxing out credit cards and credit lines burns your score pretty badly.  Paying regularly and paying them down so there is a greater ratio between the credit limit and the credit spent (balance) improves your score.

There is also another type of score you see on your credit reports. This is a "VantageScore".  I will explain this one on Part 2.

Disputing Bad Credit From Original Creditors

I love disputing bad credit with collectors and original creditors alike.  Collection companies are easier to force to go away, and sometimes, original creditors can really get you frustrated.  Its not that 3rd party collectors don't get you frustrated as well, its just a bit easier because you know for a fact you've never entered into a contract with them and just about everything they do is a violation of law.  Its fairly easy to prove that you have no liability to them and force them to go pound sand.  But original creditors are a little bit different.

First of all, if you have bad credit from an original creditor, most likely you at one time or another signed a contract (ie. application) to get credit from them. I say most likely, because there are times when they actually have the wrong person and your credit takes a hit through no fault of your own.  But, this is not about identity theft or incompetent mistakes by original creditors. I want to talk about an actual account that you have from an original creditor that is bad and you need it gone.  

The first thing to realize, is that whether you think you may owe the bad debt or not, the truth is, you don't.  You may have signed a contract with them, but was it a "valid" contract?  The law says NO! At least for most.  In order for a contract to be valid, it needs at least 4 essential elements.  They are:

1. Offer.  It must have a clear stated offer.  One party will do something and the other party will do something.  (They will lend you a certain amount of money for you to use, and you will pay for what you use.)  The offer must have a deadline for how long the offer is good for before it is withdrawn. The offer has to have real numbers (if it has to do with money), not estimates or ballpark figures. The amount that is being lent, the interest, the minimum payment that has to be paid at a certain regular time. The offer will completely define who is loaning whom the money and all the terms to the offer so you know what you're getting into and whom you will owe, and for how long.
2. Acceptance.  If you can live with the offer and you're content with it, you accept it. If you don't accept their terms, then you don't have an acceptance.  Many times in real estate a seller "offers" their house for sale at a certain price, certain terms (what may or may not be included), etc. A prospective buyer looks at that seller's offer and says, "I like the house but I don't like all the terms the seller wants."  So, he makes a "counter-offer."  When they finally agree, there has been an "offer" or "counter-offer" and "acceptance."
3. Consideration.  Consideration is generally monetary, but at least something of value is given or a promise of valuable service is offered with a promise of performance for that thing of value. A creditor offers to lend money and will receive the money back plus interest.  The person receiving the money will give something back of value to show the acceptance is genuine. Sometimes its a fee for accepting a card. In all actuality, the SIGNATURE on the application is the thing of value that is the "consideration", though the creditors do NOT disclose that fully.
4. Meeting of the minds.  This means that each party fully understands EVERYTHING about the contract. This is one of the biggest things that FAILS in a credit card or loan contract.  There is not full disclosure, which means there is a violation of REGULATION Z. There is a violation of the Truth in Lending Act (TILA).  Because of these failures to fully disclose and to have an actual legal meeting of the minds, there is NO VALID CONTRACT. The contract is not voidable, no, it is actually VOID! Null and void. Does not exist.

There are actually a couple other things to a valid contract. One is "capacity", which basically means, does one have the capacity to enter into a contract?  Are they of legal age and sound mind or underage or incompetent.  Without "capacity," there is no contract.  The other one is "legality."  Is the contract for something legal? Is it a contract to perform a legal service or for something that is illegal under the law, so there is no legal way to enforce it? 

So, when disputing with original creditors, you want them to prove that they actually had a valid contract. You want to know if they violated TILA (Regulation Z).  I can answer that for you.  Yes, they did.  They didn't tell you that the "consideration" was YOUR SIGNATURE that they monetized.  It was the collateral.  So, you basically funded your own loan or credit.  They don't tell you that.

They don't tell you that they actually lent credit, not money. They don't want you to know that it is illegal for a bank to 'LEND CREDIT'.  But they do lend credit, and its illegal, and it makes a contract not a legal contract, which makes it void.  So, when disputing, demand from them that they prove to you they lent their MONEY to you and didn't just lend credit and call it money.

Now, when they respond to you saying they investigated your account and everything checks out and they claim that their records are accurate, its your job to hold their feet to the fire.  Respond back to them. Tell them that you received their response and you appreciate that they investigated, but they failed to validate.  You want a copy of the contract with your signature and their employee's signature. You want a full accounting. Every expenditure, every payment, every bit of interest applied, fees, plus the dates every event occurred.  Then, also demand that they source the funds they supposedly lent or did they lend you credit?  You want them to say that they lent you credit, because then they violated federal laws that have been upheld by the US Supreme Court.  It also incriminates them for trying to enforce a contract that is not legal, not valid, is null and void.

Original creditors have to comply with the the Fair Credit Billing Act (FCBA) and there are many states that also enforce the Fair Debt Collection Practices Act (FDCPA), their own version that mirrors the federal law.  These laws are ammunition that helps you remove bad credit from your credit reports.  They are there for you to use.  Stop thinking you legally "OWE" these fraudulent debts. Stop believing that they have to be reported for 7 years. That's an outright lie.  Nothing has to ever be on your credit report. The law actually says that bad credit may NOT stay on longer than 7 years.  That's the truth.  Its your job to challenge them and throw the law at them and make them remove it. Without a challenge, they will not remove anything that can and should be gone. 

If you don't feel like its a job you want to attempt, feel free to email me or call me at the contact info above.  I would love to help you have a credit report you can be proud of and a FICO score that will help you get the loans and credit you desire.