chicaloca

Thanks! Good luck to you too!!

So, you had 7 years left on a 15 yr mortgage at 4.5%. Now, it's you've added 23 years to the life of your mortgage at 4%?? I think it's really sad to have been forced to do a "deal" like that... especially being so close to being done with the mortgage. But if that was the difference between keeping your home being foreclosed, then congrats. It is sad to roll back to 30 years when I only had 7 years left, but the market will take too long to recover and I won't be keeping the house long term anyways. I did the 15 year mortage when things were good because I had an 8% rate and refinanced to 15yr 4.5%. Now the payment is realistic and manageable. In the long run I will walk away with some $$$ otherwise it was as if I was renting for 12 years. I'd rather keep the house then give it to the bank. I'm happy with it. I just wanted people to not give up. If you stick it out and play the game eventually it will work out

I just wanted to tell people not to give up and to keep trying! It took almost 2 years for them to get their sh*t together and approve me but it finally happened! It is very worth the process if you can hang in there. I think they finally have the process more organized. It took them about 30 days once I actually was connected with ONE relationship manager and actually talked to her and had constant contact with only her. She actually called me and kept in contact with me while the file was being processed and once it went to underwriting. My situation was a little unique but I really believe that if you keep being persistent and patient things do work out in the end. My payment terms now have reset my mortgage to 30 years and lowered my rate to 4%. I was in a 15 yr 4.5% mortgage with 7 years left to go. Because of several factors my taxes had tripled and I couldn't claim homestead exemption. My payment was about 1250 then jumped to 1950 and now it will be 850. Once I get my taxes adjusted the payment will probably drop at least 100.00 if not more! My house wasn't underwater because at one time I did have equity in the house but I really don't anymore since the economy went to sh*t. At least now I can keep the house and get back on track!!! Don't give up!!!! Keep reapplying and reapplying till you get the approval!! K

Please if you have been sued after SOL post your story here or a link to your story. I really would appreciate it, and I think others would be too!!! Thank you and have a good week!! Chicaloca

Sorry, self serving bump

Hello everyone!!! I know that there are many here who have done battle with CA on SOL debts that have managed to either countersue or have the lawsuits thrown out etc. I'm trying to remember different people's screen names that have been there done that for future reference. I have been sued several times before the SOL had passed and came out ahead overall. Now I am looking at the next part of my credit repair. The majority of my 'baddies' are set to fall off in 2008. Some of the original creditors have amazingly disappeared off one or all of my credit reports. Unfortunately some are still reporting and listing as open with a balance when there is a collection agency reporting as well. I know I need to probably do the 1-2 punch where I send the DV to the CA's and then dispute with the Credit Bureaus. Or just wait for the time to pass by. With the help of this board and the no longer artofcredit.com I learned alot!! I am set with my mortgage with a good rate of 4.5% 15 yr mortgage that has a balance of under 100,000.00. I was able to refinace my truck from 9.99% to 5.89% with Penfed.org. I was also approved for a $10,000.00 visa with penfed with fixed 9.99% interest rate. I obtained a few start cards back when I started rebuilding and have managed to get a few credit line increases along the way. So at this point I am feeling really successful in managing to avoid filing for bankruptcy and learning to be responsible with my credit. In this day in age it is amazing how easily it is to end up in debt in the blink of an eye. An accident, unexpected expenses, illnesses, you name it. The cost of living just keeps going up and up and yet the wages aren't increasing at the same rate. I have offered advice to many of my family, friends, and collegues that I have learned from these boards. Knowledge is definitely power and I am grateful to all of those who take the time to help those that are just learning or have a specific situation they need guidance in. I know there is the Help I have been served forum, and also an area for success stories, but is there a specific area where I can look to find more of the 'battle of the ca's' history??? I think Dolemite was posting as his case was progressing but I'm not sure if that was in relation to the Credit Bureau's or a specific company. If you have done battle after SOL and have posted your story/experience could you please post the general details and I can search you posts and compile the information??? Thank you again everyone for all your hardwork and dedication to helping others. Hope everyone has a nice weekend!!! Chicaloca

Thanks for the information. Didn't realize it is a two cycle billing card. Forgive me, but does that mean half way between the cycle they start charging interest? My other half was approved for $3000.00. It's his highest card limit and he isn't big on having cards, which is fine. He wants to cancel his Cap One and Household card since he's got this one now and a Discover with $1500.00. The two he wants to cancel have annual fees so I understand that. They were stepping stones to the better cards. I appreciate your responses. Thanks Chicaloca

Wondering if anyone asked for reconsideration from WAMU. They had send me several 'pre-approved' and I have banked with them for almost 10 years. I was considering calling them and having them pull Experian and ask for a manual review. Anyone else had to ask for reconsideration?? Wondering if it is a waste of time or if I should try. Thanks in advance Chicaloca

You know, that is an interesting case that you posted. My husband actually sustained a work related injury a little over a year ago. He severed the nerve in his index finger and had to have surgery. The surgeon said it could take up to 9months for the sensation in his finger to return. It hasn't. I was telling him from the beginning to go see a worker's compensation lawyer. Now he is interested. I had told him I didn't know how long he had to file a claim. From what you posted, it seems he has two years from the date of the accident basically. We are going to have to talk later tonight and see if he wants to pursue this. It impairs his ability as he is a mechanic and normally when you are loosening or tightening bolts etc. you use your thumb and index finger. He actually has pain when he tries to use the finger when applying pressure to the area. Wow, thanks for the information. I learn so much from creditboards.com and sometimes it isn't just about credit. You are awesome!!! Chicaloca

That is useful to know as well. I am fortunate as Whychat pointed out there was recent case law that shows the SOL for credit cards is 4 years since they are considered open accounts as opposed to written contract/instrument. But I love to have all useful info for future reference. Thanks Chicaloca

Found the posting. It was from Enigma. Another awesome CB member!!! Here's the link: http://creditboards.com/forums/index.php?s...=181842&hl= Thank you all again!! Chicaloca

Ok, I remember there was some new case law for FL showing 4 years as SOL for credit card accounts as well as store credit cards. There used to be debate in regards to whether it was four or five years when I first joined here and artofcredit.com. I can't remember who posted the most recent ruling. So I guess that means that once it is dismissed, we won't have to worry about it other than to use SOL as affirmative defense since it would have been 4 years last June in 2005. If and when we have to file answer and raise affirmative defense I'll cross that bridge when I get there!! Why Chat you are awesome. Thank you again for your straight and to the point help. Chicaloca

The period of time between the filing and the dismissal is tolled, i.e. deducted from your SOL. Ok................so that means 7months time between when they filed and when it will be dismissed so we have to wait til April of 2007 for the SOL to be considered passed?? Sh*t, that really sucks??? If they refile it again it would toll the SOL again?? I thought the whole idea was that after the 5 years time (SOL in Florida for Credit Card accounts( had passed that it would be difficult for the necessary documentation to be produced by either parties. How can I figure out if this company is known for doing this? We never received anything from the company that filed the suit. It is surf consultants Inc. I have been tracking their case filings and so far this year they have filed 160 cases in Dade county. Most people are served and default. The amounts vary from less than $1000.00 to $20000.00 or so. Also what is the difference between cases that are listed as CC, CA, SC, and SP? I see that the CC and CA cases end up on the no motion calendar, but the SC and SP don't seem to have any activity on them if they don't serve the person. Thank you WhyChat for your vast wealth of knowledge and for sharing it. You are awesome!! Chicaloca

bump for sat morning

Fla Rules of Procedure1.070(j) requires service within 120 days of summons being issued. If it hasn't been served they are now setting it for a no service hearing and dismissing cases without prejudice if the plaintiff does not file a showing of good cause at least 5 days before the hearing. Ok, so say the case is dismissed. The case was filed in March. The SOL was up in June. If it goes to the no service calendar in September and is dismissed, are they able to refile the case again? I'm guessing yes, but can you now argue that the SOL has passed? Or has it been tolled since the original case was filed prior to the SOL passing? I'm just trying to understand when the SOL will REALLY be up since they filed a lawsuit on one of our debts. I hope I am being clear in my description of the situation here. I appreciate any comments, questions, or feedback. Have a great weekend everyone!! Chicaloca