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rocketbear79

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    Colorado Springs, CO

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  1. That didn't cross my mind. It definitely could be the case though. Oh yeah, also I think calling family members multiple times is too (though that article says "usually" so I don't know what that means). If what eagle said above is true though, LDR won't be held responsible. Is the scumbag debt collection lobby really that strong that we can't get some draconian laws passed to deal with these jerks?
  2. Thanks! Sometimes it's good to hear that your instincts were correct. Appreciate it.
  3. Been a few years since my last post. Tried to do a search but LDR didn't come up and wasn't sure how to be specific. So I have been getting calls on my cell phone where the caller leaves a voicemail saying the call is "solely for <my wife, but her maiden name>" and they are from something called "Local Data Recovery Group". They state that there is some contract that she is not living up to and failure to respond will result in them having to "report it to <county my wife hasn't lived in over 7 years>." These people are also calling her mother and leaving the same voicemail. I know this is bogus because any debt she had while living there is paid and WAY out of the SOL, anyways, her credit is clean and over 800, with only student loans, her car lease, and one credit card all current. Her credit has also been frozen for 3-4 years except for when we got that car lease and that was for 2 days. My initial instinct is to block the number on my phone and ignore this, but I'm concerned that may not be the right plan. I've always been told not to interact with debt collection agencies, but to go to the original creditor and ask for written validation. But in this case we have no idea who that could be because they don't say in the voicemails. I really don't want her to call these people, and even following a script, accidentally trip come kind of SOL reset or acknowledgement, especially because a quick google search of these folks come up as a scammy as all get out. I guess I could send them a validation request letter to the Georgia address on a website of theirs I found (but they called me from a local number, spoofed?) , but I really don't want to go to the post office during COVID, and they also have a habit of not bothering to scan trackable pieces of mail. Also that is a lot of work to deal with a scam with no teeth. Thanks in advance for any advice. Edit: There was a collections issue that my wife had, and paid multiple times (she was young and didn't know better), but the last payment that should have closed the issue was before 2013, and the SOL for this state is either 3 or 6 years depending on the account type. That, and the fact she hasn't lived in the county that they are going to "report her to" since 2012 is why I stated above any issues were out of the SOL.
  4. So these guys just don't give up. I've got a lawyer in my pocket if necessary, but I'm going to send them one more letter since they haven't even reported yet (I think they are try to scare me into paying them) Here is a little excerpt from my next letter filled with a bit of vitriol:
  5. Made some changes to that paragraph to make sure that the text didn't imply that the account was valid and mine. Don't need to do the work for them:
  6. This is what I've written. My questions are specifically about the bolded part as I'm not sure if it helps or hurts matters:
  7. That makes sense, and I know from being a member here long enough to tailor the DV and not just use a form, but how far do I go with the tailoring? Do I mention the closure document from Flagstar that says they give up their rights to pursue? Do I mention the status and comments in the TL's?
  8. FL is a state where they can pursue deficiency. But I have it in writing that FLAGSTAR wouldn't, I made sure of that. I'm just not sure of the legality of them selling the account (another internet search last night confirmed that Flagstar sold them a bunch of accounts in a batch in late July) and the new owner trying to pursue deficiency. I've seen elsewhere that in the case of junk debt buyers sending a validation letter raises you on their radar and its not a good idea. The letter from SLS is written from the perspective that I still live at the house and threatens liens and such. It also talks about reinstating the loan. I sure don't want to do that because I don't want to in any way admit I owe this debt, which I don't think I do anyway. Maybe I need to talk to a lawyer.
  9. Bump for the morning crew. I was reading through some more of my closing documentation late last night and it specifically states that "Flagstar bank agrees not to pursue its right to deficiency." (again in bold) So does that mean they can sell the account and someone else can? Or does that agreement "sell" along with the account to the junk debt buyers?
  10. Worked for me. Thanks. 622 Still 200 points lower than it was this time last year. Friends don't let friends buy houses in Florida.
  11. In all that I forgot to mention that the letter from SLS talked about reinstating the loan. Now why would I want to go and do that? Also (I can't believe I forgot to mention this) in order to get the banks to listen to me it was suggested that I default on those loans before the short sale. I knew what that would do to my credit, but I have ZERO interest in buying a house probably ever again and I'm a lifelong Nissan buyer (NMAC just preapproved me for way more than enough to cover a new lease when mine runs out next month).
  12. Any help would be appreciated, I've used a lot of the techniques I've learned here to stop bad collections in the past but I'm not sure if I should even respond to this. Back in the beginning of the year my job moved me from FL to CO. The house that I had in Florida was ridiculously upside-down even with the improvements I made. I decided to do a short sale since I could not afford to even rent the house due to the low rent people in the area were willing to pay. It was actually a fairly smooth short sale. BOA, the primary agreed right away, and Flagstar, the secondary agreed if I brought an extra $1400 to the table. Done and done. In April. EX and EQ show $0 balance charge lines with text similar to: Status: Paid in settlement. Creditor's Statement: Account legally paid in full for less than full balance. for both accounts. TU shows similar for the BOA, but shows charged off and a balance for the Flagstar account. In May I got a notarized letter in the mail from a recording company stating that my mortgage was released, though it didn't identify if it was the first/second or both mortgages. Come the beginning of the month I get a letter from Flagstar saying that my "account" was sold to a Specialized Loan Servicing. And then I get a letter from them talking of the "servicing has been transferred" and a "notice of debt," with all the ugly numbers on it and asking for payments. It was sent to the old address, even though Flagstar had my new address. I know that accounts can be resold and you can be held accountable for a charge-off, but the verbiage in the paperwork at the closing from Flagstar said "Net sales proceeds are to be no less than...made payable to Flagstar bank. This figure should be reflected as the discharge to the first mortgage." Not discharge of a lien, and discharge was in bold. To my mildly trained eye, looks like a settlement of the loan. EX and EQ seem to agree, while TU doesn't. So I guess my question is, should I ignore the dunning letter from SLS (which I read online is notorious for going after noncollectable debts), send them a dispute letter, or call Flagstar and find out what is up? If I did do the dispute letter should I use a standard format like I have in the past, or should I be specific and reference the CRA information and the contract with Flagstar? Thanks in advance.
  13. That is what I was thinking. It just jives with their whole modus operandi. Thanks!
  14. Hey all, First let me thank you for indirectly helping me over the past year or so get the situation with my wife's credit squared away after her identity theft issues. Recently (beginning of the summer) she got a dunning from CBCS concerning some old power bill balance from an address in VA that she hadn't lived at for 6 years now. Obviously even if there was a balance this was way SOL. We checked her credit reports via MyFico (thanks for the cppsavings!) and they hadn't reported yet. I started the 1-2 punch immediately upon receiving the letter, I used the forms to start but I made them "my own" based on advice I've seen on the boards here. I don't mention anything about SOL in the first letter (I read somebody here state that the first letter should be brief). About 20 days or so later I get their "validation" sent back. Its basically a poor copy of a faxed sheet that looked like it was typed up in word with a copy of the power company logo pasted in. It was so poor it didn't even look like a typical bill, it didn't have a single date on it! So I sent them another letter a day or so later, this one being of the FOaD variety. It also gave them 15 days to drop the case and do so in writing or my next course of acting will be an intent to sue. After getting the green card back I checked her credit reports using her 1 free per year, still no listing. I haven't heard back from them, its been a month and a half. Since the id theft all three bureaus have had a 7 year freeze on them and since I know there should not be any other issues with her credit, I would rather not have to pay to get the reports constantly to check if they are reporting now. In your experience is this likely the last I will have to deal with CBCS on this case? Should I just cough up the money and myfico one more time? Should I keep writing CBCS until the write back that they are no longer pursuing the case? Thanks for your help!
  15. Thanks for the reply. Yes that old address was the one she was living at at the time. I figured (based on your explanation of internal validation) I should try and get it off there.

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