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SOL and DofD passed...can they re-place it on my credit report?

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Anonymous
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SOL and DofD passed...can they re-place it on my credit report?

I tried looking for this and I couldn't find it in the search. 9-10 years ago I had a jumbo mortgage that foreclosed. I can't remember how much it was for. I live in CA and the SOL has passed and that loan has dropped off my reports some time ago (I'm assuming after the 7.5 aging). Collector called me today (damn, I totally forgot about this and didn't opt out when I applied for my mortgage). He asked if we could resolve the debt. I'm not going to pay it and I said no and hung up. Can it be re-added to my credit report at this point? We are expecting CTC next week so I'm not really too worried about the score drop because we already had to get the thing manually underwritten. I just have worked on my report so much the last 6 months it would be disheartening to see a huge collection pop up that's 10 years old.

Message 1 of 7
6 REPLIES 6
Anonymous
Not applicable

Re: SOL and DofD passed...can they re-place it on my credit report?

I think its a zombie debt (but not positive)   If its over the 7 1/2 years they can't put it back on your CR - unless you did something to re-age it.   If it's past SOL they can't sue....If they do, you have defenses.  

 

I think you should be OK.......

Message 2 of 7
Anonymous
Not applicable

Re: SOL and DofD passed...can they re-place it on my credit report?


@Anonymous wrote:

I think its a zombie debt (but not positive)   If its over the 7 1/2 years they can't put it back on your CR - unless you did something to re-age it.   If it's past SOL they can't sue....If they do, you have defenses.  

 

I think you should be OK.......


Thank you! What would I have to do to re-age it?  Just want to make sure I don't do it!

Message 3 of 7
Anonymous
Not applicable

Re: SOL and DofD passed...can they re-place it on my credit report?

Also just to be clear this loan was taken out when the market was doing crazy things and it was an 80/20. The foreclosure pays the first bank and I was never really clear what happens with the second bank. The second bank had it on my reports for a long long long time basically reporting like it was an installment loan. It was unsecured though I'm assuming because the house went to the first bank.

Message 4 of 7
Anonymous
Not applicable

Re: SOL and DofD passed...can they re-place it on my credit report?


@Anonymous wrote:


Thank you! What would I have to do to re-age it?  Just want to make sure I don't do it!



Ddon't confirm the debt, don't admit to the debt, don't make a payment on it.   Basically - DO NOTHING.  Don't even answer the phone until you close!  (oh and go opt out so you can't be found)   I don't know what exactly could reset your clock - I know a payment will.  
Message 5 of 7
RobertEG
Legendary Contributor

Re: SOL and DofD passed...can they re-place it on my credit report?

The debt collector can still call and attempt to collect provided they comply with all provisions applicable to attempts to collect on a debt that is now outside of SOL.

In CA, for example, if the debt collector is a buyer of a debt you incurred with another, they have specific provisions of disclosure that must be included in their initial communication with the consumer.  See California's Fair Debt Buying Practices Act for details.

 

Any debt collector is required under FCRA 623(a)(5) to obtain and report the DOFD on the OC account to the CRA, which must be reported no later than 90 days after reporting of their collection.  The CRA is then precluded from inclusion of the collection in any normal credit report they issue if more than 7 years plus 180 days has expired from the DOFD.

Since the DOFD is a fixed, date-certain, credit report exclusion of any collection cannot be extended by any action of the debt collector, period.

Stated differently, it cannot now be included in any normal credit report issued by a CRA once 7 years plus 180 days has expired from the DOFD.

 

However, while credit report exclusion prevents a lendor from becoming aware of an unpaid debt by requesting a normal pull of a consumer's credit report and seeing derogs, such as an unpaid collection, it does not prevent them from otherwise becoming aware of the debt.

They can request a full factual credit report if the principal amount of the credit under consideration is at least $150K,, and/or they can simply request the consumer to make a disclosure of any unpaid, delinquent debt.  Lendors very rarely will request a full factual credit report, which contains any derogs without any exclusions.  They normally rely upon any public records for judgments, a normal credit report, and a disclosure signed by the consumer.  It varies by lendor.

Message 6 of 7
Anonymous
Not applicable

Re: SOL and DofD passed...can they re-place it on my credit report?

RobertEG, this information was awesome! Thank you for taking the time to type all that out!

Message 7 of 7
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