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kylieagain

PNC and Agreed Final Judgement of Foreclosure/HELOC Chargeoff

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Hi I'm hoping for some input on an old, AGREED Final judgement of Foreclosure situation. I've posted this in two places so I apologize for the duplication but I am hoping I'll get a little input on this situation So here we go again.....

 

.History:

State of FL 2011

I Worked through an 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.

 

(Is there some hidden code or message in the above statement that says, "perfectly ok to continue collection activity on HELOC and will stay on plaintiffs credit reports forever"?)

 

 

I've had various correspondences from PNC, as well as some from the law firm that represented PNC in the Foreclosure proceedings. 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...and I'm REALLY sick of this showing up on my reports as a CHARGED OFF real estate loan with a horrible history of late payments (which weren't late...they were non-existent due to the foreclosure.

 

Can anyone help me with this?

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Have you tried filing a complaint with the CFPB?? That might get you a faster resolution. I have had to deal with PNC in the past, and the "law firm" they had representing them was a joke! They didn't respond, and our foreclosure was thrown out of court several times because of their lack of response to the courts. Trying to get answers was ridiculous! So, by filing with CFPB, they are required to provide you answers in a timely fashion.

 

I can't give you any other advice, because I don't have any experience with your specific situation. But if it were me, after everything I have gone through with PNC, I would definitely start with filing a complaint with CFPB. Good luck!!!

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send them a FOAD and intent to sue letter.

 

 

RE; Account # ________________________

 

 

Dear ____________________

 

 

I dispute that I owe you or your clients or your assigns any monies.

 

Attached is a copy of the judgment which waives any and all in personam claims 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."that it may have against defendant.

 

As all claims have been waived, continued collection activity and continued reporting of this account are violations of Federal laws

 

Please cease all communications regarding this account, including communications thru third party collection agents or law firms.

 

As there are no outstanding claims on the account, you are required to deleted the reporting of same to any Credit reporting agencies

 

Should you fail to delete the reporting , or continue collection activities I will turn this matter over to an attorney for review and legal action in federal court

 

In addition to filing complaints with my State Attorney General and the CFPB.

 

sincerely,

 

_________________________--

 

 

( attach a copy of the judgment highlight and tag where the HELOC was included )

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alternatively,

 

you could just ask forbes or the bloomberg reprot to take it up,

 

complain about it on the consumerist,

 

or maybe one the TB news agencies.

 

they all love this stuff nowadays.

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Have you tried filing a complaint with the CFPB?? That might get you a faster resolution. I have had to deal with PNC in the past, and the "law firm" they had representing them was a joke! They didn't respond, and our foreclosure was thrown out of court several times because of their lack of response to the courts. Trying to get answers was ridiculous! So, by filing with CFPB, they are required to provide you answers in a timely fashion.

 

I can't give you any other advice, because I don't have any experience with your specific situation. But if it were me, after everything I have gone through with PNC, I would definitely start with filing a complaint with CFPB. Good luck!!!

Thank you for the response....I performed a search for PNC here on the CB and read some of your posts....and I ALSO read some of the responses about it being long and complicated. It brought back really back memories of the battle I had with them and trust me, if I posted MY whole crazy story here, it would have made yours and "easy read". I do appreciate your responding....PNC is a joke.

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send them a FOAD and intent to sue letter.

 

 

RE; Account # ________________________

 

 

Dear ____________________

 

 

I dispute that I owe you or your clients or your assigns any monies.

 

Attached is a copy of the judgment which waives any and all in personam claims 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."that it may have against defendant.

 

As all claims have been waived, continued collection activity and continued reporting of this account are violations of Federal laws

 

Please cease all communications regarding this account, including communications thru third party collection agents or law firms.

 

As there are no outstanding claims on the account, you are required to deleted the reporting of same to any Credit reporting agencies

 

Should you fail to delete the reporting , or continue collection activities I will turn this matter over to an attorney for review and legal action in federal court

 

In addition to filing complaints with my State Attorney General and the CFPB.

 

sincerely,

 

_________________________--

 

 

( attach a copy of the judgment highlight and tag where the HELOC was included )

 

 

THANK YOU THANK YOU THANK YOU THANK YOU!!!!!! :D:rofl::clapping::clapping:

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alternatively,

 

you could just ask forbes or the bloomberg reprot to take it up,

 

complain about it on the consumerist,

 

or maybe one the TB news agencies.

 

they all love this stuff nowadays.

Ditto for the above!!!

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