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upinflagstaff
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Registered: ‎07-16-2008
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Dealing with Real-Time Resolutions?

In 2001 I had a foreclosure by the first mortgage company. The second - Countrywide Home Loans - did not participate in the foreclosure and eventually sold the second debt to Real-Time Resolutions. They didn't even start reporting until 2-3 years after CHL sold it. I was ignoring it for a long time figuring that it would age out, but RTR seems to be reaging on me. I disputed with Experian, but the debt was confirmed as "valid". I filed a complaint with the FTC regarding the re-aging, but I haven't checked on the status. Is anyone else here familiar with RTR, SOL for AZ (6 years for written contract - but does that apply to mortgages as well?) and whether I should proceed to DV?
Thanks for any wisdom you may have.
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Re: Dealing with Real-Time Resolutions?

What should the actual DOFD be and what is reported?
 
I've never heard of that CA's name.
 
Mortgages may fall under Promissary notes, but SOL refers to the time length of being sued. This has no affect on CRTP, which is federal set.
 
 
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upinflagstaff
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Re: Dealing with Real-Time Resolutions?

I didn't keep much documentation, but I have a letter from RTR dated September 22, 2006 that has:

Next Payment Due: 10/26/2000
The loan total is listed below this.

I have never paid RTR. CHL shows on a 2004 report as "Transferred to/purchased by another lender" with a status date of May, 2001 - a 2003 report shows CHL as 180 days past due as of May 2001 (this should set the 7 years for reporting, right?).

RTR first shows up on my credit report as an inquiry in 2002. They didn't start reporting to the CRA until 5-2005 and the status date at that time was reported as 5-2005. It shows 180 days as of 5-2005 in the details section. That looks like reaging to me. My CR from September, 2006 shows Sep 2005 as the status date (no payments made) and past due 180 days as of Sept 2006 with a notation "As of Jul, 2007 this account is scheduled to go to a positive status" The same report shows RTR pulled my report twice in 2005.

I pulled Experian in April 2007. RTR shows date of status 8/2005 with the same 2007 positive status notice. In August 2007 I pulled the report again and RTR shows date of status as 6/2006 (it stayed at the 2005 date until this report) and it then showed, "As of Nov 2012, this account is scheduled to go to a positive status."

My December 2007 report shows Date of Last Activity June 2006 and Date of Last Payment May 2001 (which I think is wrong, but that was a long time ago.) but that doesn't match the dates from the letter above.

Every 6 to 8 months they pull my credit with "Collection purpose" as the reason. My Experian score has trailed the other two by 80-100 points due to this single CA.


Does it look like they have been re-aging based on the above and does it look like I've hit the SOL for reporting and the AZ SOL? By my reading the DOFD (and DOLA) is October 2000 (per the demand letter) and this should be outside SOL for them to sue me and also too old to be reported. Is there something special about mortgages that I don't know affecting this CA? They should have joined the first in the mortgage process. As far as I know the lien would have been wiped off the property records (I can go look it up, if need be).

AZ SOL
12-548. Contract in writing for debt; six year limitation

An action for debt where indebtedness is evidenced by or founded upon a contract in writing executed within the state shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward.
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Re: Dealing with Real-Time Resolutions?

The important dates are DOFD and DOLA.
 
The DOFD reported by the OC should be close to the same for the CA.
 
If you were foreclosed on in 2001 and never made any payments after that, then it appears SOL would be passed.
 
Have you DV'd the CA?
 


upinflagstaff wrote:
I didn't keep much documentation, but I have a letter from RTR dated September 22, 2006 that has:

Next Payment Due: 10/26/2000
The loan total is listed below this.

I have never paid RTR. CHL shows on a 2004 report as "Transferred to/purchased by another lender" with a status date of May, 2001 - a 2003 report shows CHL as 180 days past due as of May 2001 (this should set the 7 years for reporting, right?).
 


RTR first shows up on my credit report as an inquiry in 2002. They didn't start reporting to the CRA until 5-2005 and the status date at that time was reported as 5-2005. It shows 180 days as of 5-2005 in the details section. That looks like reaging to me. My CR from September, 2006 shows Sep 2005 as the status date (no payments made) and past due 180 days as of Sept 2006 with a notation "As of Jul, 2007 this account is scheduled to go to a positive status" The same report shows RTR pulled my report twice in 2005.
 
Does it say that for the OC or the CA?

I pulled Experian in April 2007. RTR shows date of status 8/2005 with the same 2007 positive status notice. In August 2007 I pulled the report again and RTR shows date of status as 6/2006 (it stayed at the 2005 date until this report) and it then showed, "As of Nov 2012, this account is scheduled to go to a positive status."

My December 2007 report shows Date of Last Activity June 2006 and Date of Last Payment May 2001 (which I think is wrong, but that was a long time ago.) but that doesn't match the dates from the letter above.

Every 6 to 8 months they pull my credit with "Collection purpose" as the reason. My Experian score has trailed the other two by 80-100 points due to this single CA.


Does it look like they have been re-aging based on the above and does it look like I've hit the SOL for reporting and the AZ SOL? By my reading the DOFD (and DOLA) is October 2000 (per the demand letter) and this should be outside SOL for them to sue me and also too old to be reported. Is there something special about mortgages that I don't know affecting this CA? They should have joined the first in the mortgage process. As far as I know the lien would have been wiped off the property records (I can go look it up, if need be).
 
Would do you mean the "demand letter"?

AZ SOL
12-548. Contract in writing for debt; six year limitation

An action for debt where indebtedness is evidenced by or founded upon a contract in writing executed within the state shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward.


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upinflagstaff
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Re: Dealing with Real-Time Resolutions?

The important dates are DOFD and DOLA.

The DOFD reported by the OC should be close to the same for the CA.

If you were foreclosed on in 2001 and never made any payments after that, then it appears SOL would be passed.

Have you DV'd the CA?


The dates appear to be years apart. Somewhere around three and a half. I had not done a DV because it appeared legitimate and I didn't want to poke a snake. When it looked like it was exceeding the 7 1/2 years on my report I disputed with Experian. I have removed nearly every bad item from my reports in this manner except this one.

"As of Jul, 2007 this account is scheduled to go to a positive status" The same report shows RTR pulled my report twice in 2005.

Does it say that for the OC or the CA?


This is for the CA. The OC has been dropped from my CRs for some time. Even the foreclosure is no longer reported.

Would do you mean the "demand letter"?

The letter I wrote about at the beginning of my post.
I didn't keep much documentation, but I have a letter from RTR dated September 22, 2006 that has:

Next Payment Due: 10/26/2000

I wonder if that letter in and of itself is enough to show that the account was beyond or at the edge of SOL? Actually, at that point it would have been 5 years 11 months old.

Certainly at one point the account was legitimate, but now it would appear they "ping" my report periodically to re-age the debt.
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upinflagstaff
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Re: Dealing with Real-Time Resolutions?

I am considering a letter to the OC asking for the DOFD, DOLA, Obsolescence Date, Month and Year Obsolescence Date is based upon, and If sold, name and contact information of the subsequent debt owner. (language from a CRA letter I found on here, slightly modified for the OC)

Once I have that information I'm planning to DV the CA to see if they match.

Does this sound like a reasonable course of action?
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upinflagstaff
Posts: 365
Registered: ‎07-16-2008
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Re: Dealing with Real-Time Resolutions?


upinflagstaff wrote:
I am considering a letter to the OC asking for the DOFD, DOLA, Obsolescence Date, Month and Year Obsolescence Date is based upon, and If sold, name and contact information of the subsequent debt owner. (language from a CRA letter I found on here, slightly modified for the OC)

Once I have that information I'm planning to DV the CA to see if they match.

Does this sound like a reasonable course of action?



All of this is rolling. Letters are going out in the morning mail (will drop them at the Post Office in about an hour)
BTW. Real-Time Resolutions seems to have kept a fairly low profile. They have a couple of posts on Rip Off Report and one post on another credit board. http://creditboards.com/forums/index.php?showtopic=204624&st=0&p=1786026&#

On my CRA though, they somehow have new dates about once a year as I look back.
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upinflagstaff
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Re: Dealing with Real-Time Resolutions?

[ Edited ]
Countrywide sent me a letter with the CA name and contact information (RTR) today. I also called and had them fax whatever account information they had to me with payments from 2000 listed. EX continues to "verify" the information from RTR so it's a CMRRRR to RTR I guess. Everything I have shows that DOLA was from 2000 along with DOFD. It would be nice if this no longer reported :smileyhappy:

Message Edited by upinflagstaff on 08-26-2008 06:53 AM
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upinflagstaff
Posts: 365
Registered: ‎07-16-2008
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Experian MOV letter and RTR DV

[ Edited ]
Since Experian is dragging its feet I am sending the following letter CMRRR
Report: (report number) Under the Fair Credit Reporting Act I am again requesting that you provide the following information: description of your reinvestigation procedure within fifteen days as required under FCRA § 611(a)(7). I am requesting that you describe how you verified the information including the name of the person with whom you spoke along with their title, address and phone number. I will also need these items to determine the reporting period under FCRA § 605(c). Date of first delinquency Date of last activity Obsolescence date Month and year the obsolescence date is based upon Your responses to my previous requests, dated March 03, 2008, April 7, 2008, June 30, 2008 and August 6, 2008 have not been adequate to satisfy 611(a)(7) and 605(c). Continued failure to provide this information and to properly investigate this matter may expose Experian to civil liabilities payable to myself.
I'm also sending a DV letter to RTR.

Message Edited by upinflagstaff on 08-26-2008 07:21 AM
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upinflagstaff
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Registered: ‎07-16-2008
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RTR Reply

I just got the following letter from RTR:

Regarding Loan Number : #####

Dear #####

WE have received your inquiry and are currently researching your account. If you have additional information that you believe may be helpful, please send to:

REAL TIME RESOLUTIONS
ATTN: RESEARCH DEPARTMENT
(address)

Please remember to put your account number on all documentation.

If we are unable to complete your request within 60 days, an update letter will be sent to you advising you of the status of your request.


That sounds like they expect me to wait forever for the validation. They received the DV on 8/29 per the GC, this letter is dated 9/6 and postmarked 9/10. Of course, I'm only giving them 30+5 days before asking EX to delete and I'm counting the days. This is a huge baddie on EX that I can't wait to get rid of.

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