Some of you might remember that I had a representative of the law firm of Paul Krasker on The Neil Garfield Show, which airs on Thursday nights at 6 PM for 30 minutes. Krasker has taken a disciplined niche approach to the foreclosure problem and I think his firm has done a very good job of it.
While lots of lawyers might know a few things about litigating, few understand what is actually required to repair credit, modify a mortgage, or settle with a short-sale. Krasker, using the business plan I always recommend to everyone, went where very few other people have gone and now operates assisting people in all 50 states. He also is ramping up to provide support to attorneys in all phases of representation of clients in foreclosure or mortgage trouble. I have been to his offices several times and it is a smooth running operation where the people actually care about what happens to the homeowner.
Because I am one of the lawyers who does not know the logistics for some of the issues presented to homeowners, I asked him to have one of his lay administrators prepare a blog article on credit restoration, to start the conversation with my readers. Da’Vid Abellard is a bright, energetic, creative individual who has aspirations of becoming a lawyer. He wrote the following blog at my request, with some of my editing and comments:
Credit Brain: Smart Solutions for Credit Restoration
Most people believe that as long as they pay their bills on time, every month, they will easily qualify for home loans, car loans, credit cards, and other personal loans. Many are unaware that at some point it is very likely that their credit report will contain incorrect information. Most individuals do not discover this until they are denied funding for a loan.
Editor’s Note: And most people don’t even think about credit restoration when the servicer proposes a settlement or modification because they are so emotionally torn up, the only thing they can think about is keeping their house. Credit restoration should be part of any modification or settlement deal.
And there should be a court order approving the settlement and setting forth the status of the parties on record, so that the order can be recorded in the public records and the homeowner won’t need to quiet title later if they want to sell or refinance their home.
Navigating the credit process and reading a credit report can be complicated. There are many details regarding credit of which the average individual is not aware. Additionally, the incorrect reporting that occurs on many credit reports can cause individuals to be denied loans that they actually should be qualified for.
Credit Brain, LLC is a company founded and dedicated to the repair and restoration of credit in a smart and efficient way. Often, a credit report can be a puzzle and restoring one’s credit can feel like attempting to solve some sort of a riddle. Credit Brain professionals provide solutions for those who need credit restoration. Through extensive research and industry knowledge, the brainiacs at Credit Brain provide tangible solutions and improvements to one’s credit rating if inaccuracies exist on the report. The professionals can also provide guidance on how to restore credit that has been damaged by foreclosures, bankruptcies, and late payments. Credit Brain’s unique approach and seasoned professionals create success for those with damaged credit.
David Abellard at The Law Office of Paul A. Krasker, P.A.
Office: 561.328.2268,
Email: dabellard@kraskerlaw.com,
Filed under: CORRUPTION, foreclosure, foreclosure mill, GTC | Honor, MODIFICATION, Mortgage, Servicer, Title, trustee | Tagged: credit brain, CREDIT REPAIR, credit restoration, Da'Vid Abellard, Paul Krasker |
@ Deb Wynn ,
I’m helping my brother-in-law , he cannot afford counsel of any type , this is in FL (not IL) ,,, I have them rock solid on standing with no signed contract and a self defeating accounting document ,,, I am waiting to get my hands on the affidavits (indebtedness , costs , counsel , attorneys fees and non-military service) … since they requested a msj hearing they obviously intend to bulldoze this through with no contract to memorialize the debt and they really can’t produce another accounting document … they’ve already screwed the pooch on that front. I will definately put in a request for “expansion of time” to formulate a response and to slow things down… and when they are 1 minute past the FDCPA compliance deadline I’ll sic a contingency lawyer on them.
neidermeyer
Its so hard to know what to say on here for a start you motioned to dismiss they opted to respond with msj
To answer the motion must be studied and a careful response crafted accordingly shooting from
the hip is dangerous in any set of circumstsnces so if you are not going to get council i would get the tools to do it yourself get the nolo series on how to represent yourself in court. Perhaps you might call opposing council to agree to say a 45 day continuance so you can properly respOnd. Thats the safest advice i can give you. Go get em and good luck.
You said words to effect ” you know how the courts are” tip- dont forget motion for reconsiderstion ok. Have your evidence to shoot them down exhi ited and case law and know the local rules.
Not a lawyer lay opinion
Not Legal Advice, contact an Attorney in Illinois.
You are seeking Summery Judgment on your motion to Dismiss With Prejudice. With Prejudice.
Defendant has not responded, so file a Motion for Summery Judgment.
You still want your MSJ with Prejudice …
Prejudice is a legal term with different meanings when used in criminal, civil or common law. In general, an action taken with prejudice indicates misconduct on the part of the party who filed the claim and forbids that party from refiling the case, while without prejudice often refers to procedural problems where the party may refile.
@ Deborah Wynn ,
By “cross MSJ” you simply mean to get my own msj in.. correct? I was thinking of that … I still have a motion to dismiss pending (no docs to back up their claims etc. etc.) which in theory should lead to their MSJ being dismissed but we all know how the courts operate..
RE: know Christine that if the house makes you so miserable you could rent it out or sell it on contract for 30yrs ….. Right?
You don’t have to feel tied down and miserable.. Move On.
I would like to add this .. if you don’t want to be a creditor or landlord or if you don’t feel right about accepting something you haven’t worked and paid for ….. you could always donate it to a Good Charitable Cause and move on. Or lose it to a tax sale … Just Sayin …
Neider
Get that cross MSJ in.
( not lawyer just know you can do that self representing)
JG
Im onto something. Lets see how my visit to 9 th circuit goes. Hearing has got to be soon its been a long long wait for my day in court.
D wynn – if a trust may 1) issue a 1099 or 2) take its corresponding loss on tax returns, I’ll eat crow. If a trust could or did, they’d just put its name on the damn form. That they don’t to me is the strongest indication they can’t. It could also be the result of some other bs being perp’d by perps, but my money’s still on “can’t”. If B may assign a tax write off to a C, I’ll also eat crow. If the guy taking the corresponding
loss on tax returns or any books, actually, then the trust wasn’t the creditor. How else could it be? I’m really looking forward to the day something alleges a fraudulent 1099 as a cause of action.
@ Deborah Wynn ,,
More fun stuff in today’s mail… the plaintiff/condo ass. attorney filed 4 separate affidavits in place of actually producing the required valid documents … and requested a MSJ hearing to be set…. time to get busy again…
What makes this so much fun is that my brother-in-law is uncollectible ,, they’re just wasting their time..
And if you had a maintenance fund .. when you sewer line broke and the Beast held the check as hostage, you could have fixed it yourself, instead of living with it.
Not making an Ins claim means they get Nuttin.
You do know Christine that if the house makes you so miserable you could rent it out or sell it on contract for 30yrs ….. Right?
You don’t have to feel tied down and miserable.. Move On.
Christine,
RE: The day what you’ve been doing works and yields results, let us know.
You will do the same in kind to … Right?
Oh .. and I’m not Hateful either.
LOL!! At least I’m not wasting my money litigating, … myself.
Whatever KC. Whatever. The day what you’ve been doing works and yields results, let us know.
In the meantime, don’t fault anyone for taking everything you post with a serious grain of salt and call you on it when it is really unintelligible, completely incorrect, incoherent and useless. There’s a lot of it going on here. And from many different people. Any idea why? Are all the arrogant bastards who zero in on you coming out of the woodwork just for target practice?
So neidermeyer sounds familiar
I have a 1099a stating an amount from ” lender” and a trustees deed upon sale with 90k tacked on.
Those documents can nit therefore be relied upon.
Smart Enough to Make Sure My Name was on the Warranty Deed.
Dum Enough to believe it was a Mortgage. I know better now.
Just a matter of time? It started in 08 … Ended in 2010.
From the date of demand for payoff and title.
It took until 2011 to get the LP release.
Grandma has the Fly Swatter … Bring It On!
@ Deborah Wynn ,
This is in Florida ,, condo associations are automatically granted a lien on the mortgage/note at closing ,,, they did collect from the foreclosing bank but the payments are limited to 1% of the loan amount so it was a partial recovery for the condo association .. they didn’t sell the receivable ,, they are still trying to collect for themselves. Their problem is bad book-keeping ,, they submitted contradictory documents and amounts owed ,, including a damning one with handwritten notations indicating fees, penalties and such “not in the ledger” … They also do not have a signed contract with my brother-in-law agreeing to the condo association rules/fees etc.
I made my (his) demand for FDCPA compliance in his first submitted motion ,, it’s on the record for sure… they cannot deny that the requests were made and the debt was denied (because of there being no contract).
I may tell him to get an attorney who handles this sort of thing on contingency … should be a slam dunk… and paying 33% would be worth it to make sure it’s done right (and to put a known face in front of the judge.. a lawyer he has likely awarded judgements to many hundreds of times previously).
Forgot One ..
Smart Enough to know that you cant stop a fc, but that you can delay it for many years.
Many Blessings to All and A Good Night to Christine
With respect KC
Thats how its supposed to be you borrow a dime you pay back with interest, but since that concept had taken on a new creative meaning that no one with a half decent credit score knew about, a game change that was in fact a game if asset stripping money out of every and any household that even resembled “money”
Smart Enough to know they Failed at Security 1st and the SOL has run.
Smart Enough to know they have an unsecured debt granted by my husband they cant seek a personal judgment on because of Sec 1st.
Smart Enough to know that I don’t know Everything and want to Learn.
Smart Enough to know that they cant show Proof of Claim in State or Federal Court. Smart Enough to seek an injunction and correct the public records. Smart Enough to Not Title Anything in His or My Name.
Smart Enough to know you treat others as you would have them treat you …. Ut Oh
Deb, it was not always this way. We worked hard, raised our children and lived payday to payday for years. To proud to ask for help and smart enough to know … credit cost you money. If we wanted anything that was not a need, we worked extra hours and saved to buy it, not charge it on a credit card. We paid our Taxes, Medicare and SS and deposited into retirement faithfully one dime at a time.
Our credit scores were considered fair, but by Golly we didn’t have any debt.
Slow but Fair and Honest despite Christine Attitude that if It ain’t Perfect its Stupid.
Flawed is Not Stupid! Arrogance is Stupid!
“We are not underwater … no thanks given to anyone but us.”
KC, If you’re going to be lying, try to do it in a smart way, will you? MERS still shows that loan (you didn’t sign, remember? Your husband got conned and you can’t do anything about it. Not your name on it…) as unpaid, although “inactive”. Inactive only means that it is thoroughly in default. just a question of time before it comes and bites you.
Now, yes, I wish you would dig out that old post from “five years ago”. That ought to be something else!
Well KC. How lucky you are im
Glad but what about millions that are ruined never to recover financially. Well i suppose its expected they royally bust their butts building that previous credit score for next five years for what – no rights to anything anyway, just accept thats the ” way it is”. Why is the question. As christine said, to repeat same things over and over and expect different result is plain stupid. As forest gump says, stupid is as stupid does. Yet i do not and cannot believe people are stupid rather they feel trapped. They are not, that is what must be realised.
I know Deb, we had that go around when we bought this property. We are not underwater … no thanks given to anyone but us.
KC
Just to be clear my point is we all fell for it … Bottom line i used credit only if i knew i could meet my obligation. My quick guide was i did quick math , what do i earn what are my monthly outgoings do i have assets to sell that would cover and pay off my debt if i decided to pack up and go back to uk or anywhere for that matter. If yes i was good. Ninja loan- heck no. Didi get MY math wrong on my understanding of simple add and subtract of market value- Heck no.
No Problem Christine, It was about five years back you and I had this discussion on the blog… I am sure many remember it.
I do have all Neil’s post saved .. and I could spend the time looking it up… but your not worth my time today.
Go Take A Nap!
“Funny how you want debt forgiveness…” Really? When did I say that? Care to back up what you advance? You must be able to quote me somewhere now, can you? Otherwise, it is pretty much shooting from the hips, isn’t it?
Then again… Oh well!
We don’t have and don’t use credit cards, We have a Maintenance Account for Repairs, we have Cookie Jars stashed here and there.
My Point is not everyone is in that situation …
You weren’t in that situation when you ran up all that credit either were you?
Funny how you want debt forgiveness because it was somebody elses fault they offered you credit and you accepted. BS!
Don’t come here and Critique People who made the same mistake you did.
Good Grief!
“Then again, if a person needed a loan for a car, furnace, unexpected expenses and repairs they would be forced to pay the higher rate…”
If it’s in the realm of possibilities, it is foreseeable. Therefore, if it is “unexpected”, whose fault?
Once again, people appear incapable of:
1) Really understanding what happened to them and why;
2) Visualizing a world where this kind of situation does not recur.
3) Moving their butt and making it happen.
The principle of the loan is flawed. Always was. Always will be. Ever heard of Jesus? Mohamed? Buddha? Even more recently, Gandhi? What did they say about loans?
If you keep on doing what you’ve always one, you’ll keep on getting what you’ve always gotten. Stupidity is doing the same thing over and over and expecting a different result.
Pretty tough to have compassion for people who speak and live from both sides of their mouth…
Basically KC
Credit score obsession is a trap for the uninformed and undisciplined that live in the next 5 minutes as it stands. Im over it, hence i put freezes on access to my credit info until i decide how ill handle what they did with my name my social security number my then credit reputation ( before they diliberately trashed it ) before the financial frauds.
I agree in part and disagree in part.
The harm created to the borrowers by the false credit reporting is Huge!
On the other hand … A Smart Person wouldn’t take out a loan at a high interest rate because of false credit reporting. No loan .. No profits.
Then again, if a person needed a loan for a car, furnace, unexpected expenses and repairs they would be forced to pay the higher rate… ….that can be recouped in the form of Damages from the false reporter.
Its a Two Way Street!
Latest Paul Craig Roberts interview. I’d listen if I were you. The US are continuing the politics that created this country: sign treaties with the Natives and… breach every single one of them. They did exactly the same thing with pretty much every single country over 300 years (France, Spain, Thailand, you name it). This entire economy once great has been exclusively based on war.
Now, they’re doing it with Russia. And China. Forcing Russia and China to prepare for war. The US want war. Always have. Always will.
This country is committing suicide… and losing its allies one by one.
http://www.kingworldnews.com/kingworldnews/Broadcast/Entries/2014/3/27_Dr._Paul_Craig_Roberts_files/Dr.%20Paul%20Craig%20Roberts%203%3A27%3A2014.mp3
Deb,
“Its the people that must change”
My point exactly. If people still fret over their credit, they haven’t gotten it: credit is only good if you want to buy anything on credit. I really thought they had learned something…
Apparently not.
Not saying that people were not in fact lambs to the slaughter myself included
But why it was so easy for them and the that the so called gatekeepers failed miserably and whilst our government sits impotent while the printing presses roar.
Libor manipulation comes to mind. Reset button ? Would the game change really christine? Its the people that must change
I opted out
Because its like signing up for debt slavery. Anyone watch out of time movie it a scary concept parallel. In the movie people work for time and they borrow time and whennthey have no more time ( credit) left they die ir borrow time. The time lisn sharks jack up the interest overnight at will.
Neidermeyer
Re that question fdcpa and the hoa ” selling the debt”. Question is why did they not put a lien on the house to get their money
Another tidbit for those still trying to get a mod. Is that part of the “reset”?
http://abcnews.go.com/Business/wireStory/average-us-30-year-mortgage-rate-rises-440-23081183
Average US 30-Year Mortgage Rate Rises to 4.40 Pct
MARCH 28, 2014
Average U.S. rates on fixed mortgages rose this week in the wake of comments by Federal Reserve Chairman Janet Yellen suggesting that the Fed could start raising short-term interest rates by mid-2015.
Mortgage buyer Freddie Mac said Thursday the average rate for the 30-year loan increased to 4.40 percent from 4.32 percent last week. The average for the 15-year mortgage rose to 3.42 percent from 3.32 percent.
A key home-price index showed Tuesday a robust 13.2 percent increase in January compared with 12 months earlier. But the Standard & Poor’s/Case-Shiller 20-city index was down from a 13.4 percent increase in 2013 and was the second straight decline.
There have been signs recently that the home-sales market could pick up in the coming months. [Sure! that ought to help quite a bit too…!]
Damn it! Can’t see how repairing your credit is going to do too much good in the long run if federal judges keep tossing out legitimate lawsuits against banks misdeed.
You guys still banking with BofA?
http://dealbook.nytimes.com/2014/03/27/judge-urges-dismissal-of-mortgage-suit-against-bank-of-americaissed/?_php=true&_type=blogs&_php=true&_
Judge Urges Dismissal of Mortgage Suit Against Bank of America
By BEN PROTESS MARCH 27, 2014, 9:21 PM
A federal magistrate judge on Thursday moved to toss out a Justice Department lawsuit over a soured mortgage deal at Bank of America, dealing a potential setback to the government’s pursuit of Wall Street misdeeds.
The ruling, by Judge David S. Cayer, is nonbinding. A Federal District Court judge in Charlotte, N.C., will decide whether to accept or reject the recommendation to dismiss the lawsuit.
But if the judge adopts the suggestion, and judges often do, it could inspire other banks to test their luck in the courtroom. Ultimately, it could also undercut the Justice Department’s use of a novel legal theory against Wall Street.
A spokesman for Bank of America, Lawrence Grayson, said, “We are pleased with the magistrate judge’s recommendation to dismiss this matter.” [Yep. I bet they were…]
The future is actually not looking so bad. Interesting that the word everywhere is “reset”. Reset the money. Reset the markets. Reset people’s employment skills. I guess people will have to adapt to change one way or the other.
http://www.bloomberg.com/video/an-insight-an-idea-with-christine-lagarde-heKSl1aiRam4JbkkuGEGeg.html
Jan. 31 (Bloomberg) –- IMF Managing Director Christine Lagarde sits down for a one-on-one conversation with Bloomberg’s Francine Lacqua at the World Economic Forum in Davos. During the 30 minute show Lagarde talks about why it’s important that we ‘Reset’ the global economy, the lessons learned from the downturn and the impact of Fed tapering. (Source: Bloomberg)
Fixed it myself for now
fREEzE. All 3 reporting agencies. Another fight for another day.
Credit matters only to people who intend to buy anything on credit and we already know how dangerous it is.
Non-issue at best.
If anyone has run across a really good “how to sue under the FDCPA” site I’d like to see the link… I’m helping my brother-in-law with a junk debt lawyer suing over condo association fees connected to a long ago foreclosed condo… This is in Florida although it shouldn’t matter since it’s Federal… They can’t seem to find a signed contract that connects him to the association.. and their accounting is a mess…(already have the clock ticking on denial of debt and request to produce docs)…
Thanks…
https://www.annualcreditreport.com/index.action
FREE annual credit reports … The online error reporting mechanisms are poor at best and don’t allow you to submit enough detail… I would follow up with a certified letter to each agency..
Few fight the entire earth like credit repair. The lady that runs the largest/oldest in the country has very limited patience for blue sky and fiction:
http://www.kccreditservices.com/
Interesting character.
Make it a Great Day.