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Need help figuring out how to proceed w/DV letter for invalid 2nd mortgage reporting.

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specialksauce
Contributor

Need help figuring out how to proceed w/DV letter for invalid 2nd mortgage reporting.

BF had a foreclosure in 2008.

Indymac was the original, went to Deutshe Bank right before foreclosure. However between the time he opened the 1st and 2nd mortages (did a 80/20 piggy back loan with indymac) it seems Green Tree Lending LLC somehow got into the mix. They are claiming we opened the 2nd mortgage 10/2006 and closed 09/2009. Charged Off for the same amount the IndyMac 2nd loan was for and was last updated 09/2010. Weird but Credit Report is stating One West instead of Deutshe Bank. 

 

Had a judge sign off on a deficiency judgement for the property. Duetshe Bank was the Plantiff so can't be sued for the remainder. 

 

The 2nd loan for One West bank (or Deutshe) says charged off. Says Paid, Closed. 

 

How do I approach sending a DV letter to Green Tree Lending??? There is no way they own this account because they weren't named anywhere in the deficiency judgement or court docs relating to the foreclosure. 

 

AND Real Time Resolutions is claiming they own the 2nd mortgage as well but for a lesser amount. They are also reporting as a mortgage company but when i looked up the company, they are a debt collector. 

 

I NEED these two stupid accounts off the credit report!!! HOW do I go about it? 

 

I am in SC if that info is needed. 

Message 1 of 8
7 REPLIES 7
specialksauce
Contributor

Re: Need help figuring out how to proceed w/DV letter for invalid 2nd mortgage reporting.

Whoops, I meant to say Real Time Resolutions is reporting on a portion of the 1st mortgage amount, not the 2nd mortgage. 

 

Status:  Open. $67,104 past due as of Aug 2010. Status Details:  By Feb 2014, this account is scheduled to go to a positive status. 

Date Opened:
10/2006
Reported Since:
03/2008
Date of Status:
03/2008
Last Reported:
08/2010
Type:
Mortgage
Terms:
30 Years
Monthly Payment:
$1,917
Responsibility:

Credit Limit/Original Amount:
$334,647
High Balance:
NA
Recent Balance:
$59,647 as of 08/2010
Recent Payment:
$0

 

Why does is say the account is scheduled to go into positive status 02/2014??? 

Message 2 of 8
DaBears
Senior Contributor

Re: Need help figuring out how to proceed w/DV letter for invalid 2nd mortgage reporting.

This is what you send them!!!

 

"I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under FDCPA 809 send me validation of this debt."

Message 3 of 8
specialksauce
Contributor

Re: Need help figuring out how to proceed w/DV letter for invalid 2nd mortgage reporting.

Okay I will send that tomorrow to both companies and see what they come back with. If they come back and say they own these accounts I will flip out because I got the court docs for the deficiency waiver today showing it was Duetshe Bank as the Plantiff. Ugh I hate scammers! 

 

I will re-post the outcome and/or see if I need any other help! 

 

Thanks! 

Message 4 of 8
guiness56
Epic Contributor

Re: Need help figuring out how to proceed w/DV letter for invalid 2nd mortgage reporting.

I would leave that account alone.  It is going to become a positive account in Feb 2014.  Whatever you do could mess that up.

 

ETA:  It is kind of confusing.  They do buy distressed mortgages and are considered a debt collector.  I have never seen that comment on a collections account before.  Send the DV.

Message 5 of 8
specialksauce
Contributor

Re: Need help figuring out how to proceed w/DV letter for invalid 2nd mortgage reporting.

I would leave that account alone.  It is going to become a positive account in Feb 2014.  Whatever you do could mess that up. Which account should I leave alone?

The Real Time Resolutions? They are claiming we owe on a foreclosed property (or the 1st mortgage) that has a deficiency waiver attached to it, so there is nothing to collect on. And its bogus they are claiming to have a mortgage acccount with us when they are a debt collector. 

 

ETA:  It is kind of confusing.  They do buy distressed mortgages and are considered a debt collector.  I have never seen that comment on a collections account before.  Send the DV. 

Message 6 of 8
guiness56
Epic Contributor

Re: Need help figuring out how to proceed w/DV letter for invalid 2nd mortgage reporting.

Message 7 of 8
specialksauce
Contributor

Re: Need help figuring out how to proceed w/DV letter for invalid 2nd mortgage reporting.

I disputed Green Tree to Equifax and they updated with bad debt, collection and how it was transferred to recovery etc. Before they were reporting as 120 days past due, late. No way in hell this is a valid account. 

 

Experian shows no sign of Green Tree now. Transunion has to wait b/c i am still in the process of an open dispute with another account. I sent Green Tree a simple letter asking for validation this week, still waiting to hear back. 

 

Why did they delete off Experian but updated Equifax without any validation? 

 

 

 

 

Message 8 of 8
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