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kylieagain

PNC Heloc collection/charge-off Debacle

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History:

 

FL Mortgage 2011:

 

Worked through atty to reach agreement on foreclosure. Everything was finalized October 2011....Judgement was reported for two years and then dropped off reports, however, cannot get the "closed, charged off" 'Real Estate" HELOC removed from my reports. I have all of my documentation from the property transaction including the "agreed upon final judgement". I've included exact verbiage from last paragraph of agreement.


“Final Judgement of Foreclosure”

"The Plaintiff, its assigns and successors, waives any and all in personam claims that it may have against defendant (….) arising from any mortgage, loan and line of credit secured by the property referenced in paragraph above, including any claim for deficiency judgment against (defendant’s name) for the property which is the subject of this final judgment."

PNC continued to pursue the HELOC which I ignored as it was included in the judgement. Any advice (short of hiring another attorney) for how to rectify this situation would be greatly appreciated!!!

P.S. Side-note, most recent reports, pulled for purposes of addressing old medical collections, has an OLD (previously removed) medical collection now being reported by PNC Bank - which I disputed per Why Chats's advice. I am still awaiting final results of latest medical disputes for Experian and Equifax.

 

 

 

 

 

 


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Sorry- I don't know how else to move this over from credit forum..........

tmcgill, on 08 Jun 2016 - 11:27 AM, said:

 

1. If the HELOC was satisfied in the judgement, what does PNC state it is trying to collect in its correspondence? According to them: "outstanding balance due"
2. What happened with you disputed with the CRA(s)? A couple of years ago...nothing, couldn't get rid of it. Currently haven't touched it yet, which is why I'm preparing to do so now, after final results of Medical Disputes.
3. FL is the state? Yes, FL (bought in 2004, lost job in 2008, fought the good fight to keep it and finally gave up 2011)

 

My probable course of action would be to create a paper trail prior to a CFPB, state AG or bank regulator complaint.
1. Dispute with CRA(s).
2. If not removed or updated, send ITS (Intent to Sue) letter to PNC.
3. If not resolved, file complaints with: CFPB, state AG, bank regulator

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Thank you very much for your response! Specifically what reason should I be using in the dispute, as nothing has worked thus far. :( I will proceed with your suggested course of action as soon as I'm finished with the medical disputes.

 

I've had various correspondences from them: some directly from PNC, some from the law firm that represented PNC in the Foreclosure proceedings (the 2nd of two firms that were involved). One of the more recent ones (2013) states that "this law firm has been retained to collect the outstanding balance due and owing on this account to the current creditor referenced above" (PNC). I've had a few "offers to settle my account in full" along the way and a "charged off as bad debt" letter early in 2012.

 

In June of 2013, as the result of an Independent Foreclosure Review, I received a payment of $400.00 (wooo hooo) due to "deficient mortgage servicing and foreclosure process"...on the part of PNC....sorry, forgot to mention that in my initial post.

 

So ultimately, this thing could possibly keep hanging out on my reports and just get updated every time I dispute? The last payment made on the mortgage was some time in 2011 yet they keep updating as if there has been some activity.

 

Again, thank you for your suggestions...should this post be moved to a different forum to possibly get better visibility or additional suggestions??

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