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PostPosted: Wed Sep 26, 2007 8:54 pm Subject: Sinking

My husband and I recently decided to try to start saving to buy a house and we got a credit report and to our suprise we are sinking so far in debt that we are not even eliglbe for a high rate home loan. Due to evictions from back when we both where in college and we found that my mothers has gotten several accounts using my social and ran them up and never paid them. any advice on ways to start consoldating with nothing to secure a loan with or ways to get the debt that my mother has inccured in my name removed will be welcome
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PostPosted: Wed Sep 26, 2007 11:14 pm Subject:

Well you may not like this but with your mother using your SS# without your consent you can go about it as ID theft. But then your mother will risk jail time for it. So you just may have to "eat it" and pay for her debt. Did she ever tell you she was doing that? Is it under her name or just your name? and how do you know it was you mother that did it? Sorry for all the questions. But the right person to ask is Cajunbulldog. He is great with a credit report. And I am thinking that with the evictions, did you pay what you owed on them? I am thinking that with those it would be a judgment on your credit report. So pay those asap. But they will still stay on your report for some time after you pay them. But at least it will say paid and that you still owe on them. Good luck on this and I hope you can own your own home soon. But PM Cajun he can help you.
puddlejmpr
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PostPosted: Wed Sep 26, 2007 11:20 pm Subject:

I Pm'd Cajun for you. He should be along as soon as he can.
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PostPosted: Wed Sep 26, 2007 11:40 pm Subject: debt

well only one of the evictions went as far as to have a judgement the others we got one is from my husbands previous marriage, and the other was jsut reported as bad debt on our reports they didnt actually go to court with it
the one of mine before we were married was the judment and it was for 600ish and the report also has me oweing them close to 6000 (i am assuming this would have been the remainder of my lease)
my mothers debt i know it had to have been her because the address that the places had on file as where the credit cards or items where sent are at houses she lived in
I talked with an investigator about filing it as identity theft but they said because she was my mother i could have jsut used her address and would not accept it as a identy theft case

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PostPosted: Thu Sep 27, 2007 12:04 am Subject:

Ok now with the 6000. Yes that may be the remainder of the lease. But if the landlord rented the place at any time during the remainder of your lease then you would be released from that portion of the debt. But the landlord has to put forth an effort to re-lease the place. So that would bring the balance down. Well here in my state anyway it would.

About the identy theft, a friend of ours son stole a check from his brother, wrote it out and signed his brothers name and cashed it, it bounced. The son sat in jail for quite sometime for this and they also got him for identy theft. So I would call a lawyer. Most of the time the phone call is free. Because if you did get the debt and use her addy, they should have your signiture on file. And they would have to prove it WAS yours. Just a sugestion.

Have you confronted your mother about this? If it were me as much as I loved my mother I would have contacted her as soon as I saw that and told her to fess up and pay the debt or talk to my lawyer.

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PostPosted: Thu Sep 27, 2007 12:28 am Subject: unfortunatly

yes i have contacted my mother about it and had several item already removed because they where before i turned 18 and her response on all of them is that she didnt do it and couldnt believe i would accuse her of such (you would have to know my mother to understand how i know for sure it was her she is the mentally abusive kind and it took several years after leaving home to even function like normal people do)
I cant find it in me however to sue her over it which would put her in jail because of a younger sibling still living at home
I may have to try sending a letter to each of them requestign validation on the debt
We live in TX so i am not sure what the laws are her on lease debt i havnt checked to be honest but the one eviction from my husbands previous maraige was in Indiana the others are in TX
Thank you all for your responses

sakura_ecm



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PostPosted: Thu Sep 27, 2007 5:15 am Subject:

Well sad to say, the only way to remove these items is to file fraud charges against ur mother! Like someone said they will have a signature on file and they will match it up to ur mother's handwriting! This is so unfortunate for u and sad that a mother would do such a thing to her daughter!! Sad
If ur not willing to do this then u are indeed liable for these accounts!
Good luck and keep us updated,
Ang

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PostPosted: Thu Sep 27, 2007 8:03 am Subject:

Sorry about the poor situation your mother put you in. In my opinion you have a responsibility to your other siblings to make sure that your mother does not screw them over as well. If you protect your mother then you are not protecting your siblings. If you have the means to allow them to live with you then I would file the fraud charges knowing that your mother might do some time for it which means your sibling will need a home. If you can not afford to take your sibling in then you will need to think carefully before you file charges because your sibling will have problems either way. If you file then they lose the place to live and if you do not file then your mother will probably do the same thing to your sibling. Also, filing fraud charges does not mean you are suing your mother. Basically you file a fraud report with the police and then you use that report to get all the credit charges you did not make out of your name. It would be up to the police to investigate for criminal activities and up to the creditors to push for this investigation. You would not end up in civil court suing your mother for these charges.
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PostPosted: Thu Sep 27, 2007 1:54 pm Subject:

Go to www.ftc.gov and click on the id theft link.Read and follow all the directions there. You will be sending a fraud affidavit and a police report to every creditor and credit bureau involved as well as inserting a id theft fraud statement on your bureau reports.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
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PostPosted: Thu Sep 27, 2007 6:03 pm Subject:

I'm sorry to hear that your credit report is not as good as you thought it would be. From reading the prevous posts it sounds as if you are on the right track. I wish you well and hope that you can fix your credit score.
sullivana



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PostPosted: Thu Sep 27, 2007 10:50 pm Subject:

Thank you Cajun Smile I knew you would point her in the right direction.
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