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Decisions! Decisions! Decisions! What to do???

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Anonymous
Not applicable

Decisions! Decisions! Decisions! What to do???

Some questions on what I should be doing::::

 

1. I have close to 7k in collections that are past SOL and is nearing exclusion in the next 8-9 months. If I pay to settle, will this restart the clock and be on my CReport for another 7.5 yrs?

 

2. Ultimately I want to get a house in the coming months. So after settling these debts how long will it take for the CRA to update records in their database?

 

3. Reason for me rushing into buying a house is due to increase in price and it does not seems to drop in the near future. If mortgage lender sees my report with all these collections which are nearing exclusion, will they even care or will they ask that I pay all of it? 

 

4. Should I just wait until exclusion period and save my money by not paying old collections?

 

5. If I chose to stay at my current residence, based on all calculations I will end up paying close to 11k over the course of this year. If I chose to pay CO amount, i will probably spend close to 6k -7k for all of it which is less and I can use the remaining 3k towards downpayment for the house (1st time home buyer, looking into FHA).

 

6. I'm very undecisive and would like some input. Should I pay or should I wait another year for everything to fall off? 

 

Message 1 of 8
7 REPLIES 7
Schoolbuskid
Valued Contributor

Re: Decisions! Decisions! Decisions! What to do???

If these collections are due to fall off because of the 7 year reporting period, do not pay these. That would be my suggestion, save your money!

 

Rebuilding and Reducing Debt, is my game plan.
Message 2 of 8
RobertEG
Legendary Contributor

ave Re: Decisions! Decisions! Decisions! What to do???

I suggest you check with your prospective mortgsge lendor first and inquire about their qualification requirments.

Some will request a disclosure of and require payment of any unpaid, delinquent debt, while others will not.

Credit report exclusion will not ensure that a prospective creditor will not be aware of or require payment of delinquent debts.

 

Armed with that information, you can then begin to make decisions.

Message 3 of 8
whatever4ever
Established Member

Re: ave Re: Decisions! Decisions! Decisions! What to do???

I'm still a bit confused about the 7 year deal, because it's my understanding that accounts can be sold and "renewed" with new dings from new companies who own the debt.  If this is wrong, let me know, but if not, something to be aware of.

Message 4 of 8
EAJuggalo
Established Contributor

Re: ave Re: Decisions! Decisions! Decisions! What to do???

It's seven years from the time you stopped paying the debt.  Unless you do something to restart the clock, like making a partial payment.  They can sell it and send you letters etc. but the CRAs aren't supposed to report it anymore after that time.

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Message 5 of 8
Anonymous
Not applicable

Re: Decisions! Decisions! Decisions! What to do???

Thanks for all your replies.
RobertEG do you know of any lenders that doesn't?
Message 6 of 8
RobertEG
Legendary Contributor

Re: Decisions! Decisions! Decisions! What to do???

Credit report exclusion is totally separate from expiration of statute of limitations for bringing civil action.

 

The most prevalent types of derogs that are subject to credit report exclusion are monthly delinquencies, collections, and charge-offs.

Those items have exclusion periods under FCRA 605(a) that are based on specific dates that are related to when the delinquencies occured, NOT events such as payment or lack of payment of the debt, or when a charge-off is actually done of a debt collector obtains collection authority.  There is no reset of the exclusion periods.

 

Monthly delinquencies become excluded no later than 7 years from their individual dates of occurrence.

Collections and charge-offs become excluded no later than 7 years plus 180 days from a special date-certain called the DOFD, which is based only on when the consumer became delinquent on the debt and thereafter remained delinquent until the taking of a CO or opeining of a collection.  There is no reset of the exclusion date based on other events, such as when a debt collector gets their collection authoriyt, or when any payment is made upon the delinquent debt.

 

The entirely separate determination of the period in which an owner must initiatiate civil action if they seek a judgment is governed separately by state laws, most of which do proivde for new SOLs if a consumer makes payments on the debt.  Those SOL statutes have NO effect on credit report exclusion periods.

 

 

Message 7 of 8
Anonymous
Not applicable

Re: Decisions! Decisions! Decisions! What to do???

Thanks for all the information Robert. But do you know of any lenders who will ignore these and approve the loan?

Message 8 of 8
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