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Need guidance

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Desneige
New Contributor

Need guidance

I have an account with Beneficial/HSBC.  I have applied for a mortage and this account came up as a charge off from 2006-on only my Experian report.    I called there today to get some more information about this account.  The total due is $1951.68

They are stating that it was an installment loan opened on 6/18/2002, and last payment was received on 7/12/2004.  Right now the account department handling this is the inactive/dead files department. I think that the SOL in Illinois for this account is 5 years, I've asked my lender about this and asked if given the age and lack of retaining an attorney to pursue this as a legal matter-if it might be possible to get the mortgage without settling first.  I have requested copy of loan contract from Beneficial/HSBC as I no longer have any records pertaining to this account.

Have I taken the correct actions on this account?  By requesting the DV-have I opened up a sleeping can of worms.  What should my next steps be?  Maybe I should have posted this on mortgage boards, any underwriters out there have any idea what my underwriter will say about this?  They've all gone home for the day-leaving me wondering.

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1 REPLY 1
Anonymous
Not applicable

Re: Need guidance

I can't offer any assistance on the mortgage related questions.

 

However, DV is something you send/request to/from a CA. OC are not required to comply with DV requirements.

 

If last payment was made in July 2004 and SOL is 5 years, they likely have until July 31, 2009 to file suit.

 

Read your state statutes to be certain.

Message 2 of 2
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