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trying to refiance

Date: Fri, 12/28/2007 - 10:25

Submitted by wmyslinski
on Fri, 12/28/2007 - 10:25

Posts: 16 Credits: [Donate]

Total Replies: 47


i just dont know what to do.i want to refinance my house but i am running in to a few problems.on my credit report i have a judgment from midland credit managment. there is a case number and a date filed of febuary 2002. i went to the county clerks office and there is NO judgement on record. but that is not good enough for the bank. they want me to contact midland credit and or the credit beaurus to see whay this is on there.i do beleive that this was from a montgomery wards credit card from about 13 years ago. so i guess what i am asking is should i contact midland credit or the credit beaurue{spell check}. the loan can not be approved untill this is either paid or taken off the credit report should i send midland a DV letter or ask for a settlement what is the S.O.L. in new york i am in albany


Quote:

New York Statutes of Limitation

N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.

212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.

213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.

213-a. Actions to be commenced within four years; residential rent overcharge.

213-b. Action by a victim of a criminal offense.

214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.

UCC, Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party`s lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).

S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.


lrhall41

Submitted by kashzan on Fri, 12/28/2007 - 10:28

( Posts: 5401 | Credits: )


If this went delinquent 13 years ago then there is no way it should be on your credit report. If this is the case they probably re aged it, which is illegal and you can sue them for 1k per report. When was the date of first delinquency with the OC and when is the CA reporting delinquent?


lrhall41

Submitted by JCEMT on Fri, 12/28/2007 - 11:08

( Posts: 2934 | Credits: )


i have no idea when this went deliquent i cant even remember when the last time i made a payment was it had to be 11 to 12 years ago. i have not received any phone calls or even any letters from midland credit in years..the civil judgement that is suppsedly filed is dated febuary 2002 how can i get this removed from my credit report ASAP?


lrhall41

Submitted by wmyslinski on Fri, 12/28/2007 - 11:24

( Posts: 16 | Credits: )


If you are not aware of being sued then you can determine who the judge is that oversaw the case by either contacting your county court house or contacting the collection agency. Once you do so find the judge and explain that you were never served papers and ask if the judgment can be vacated due to improper service.

If it is not a real judgment then sue the pants off of them for FCRA violations.


lrhall41

Submitted by JCEMT on Fri, 12/28/2007 - 11:38

( Posts: 2934 | Credits: )


i do not remember being served any papers on 2002.not to say that i wasnt but i just dont remember. according to my credit report it was filed in febuary 2002. i did go to my local county court and there is no record of a judgement filed against me from midland credit. on my credit report there is a case number it reads like this:


civil judgement filed-02/02 tru01

case-t020***
pltf-midland credit managem amt-1677
court-county court atny-a-ent inc0000000

jcemt any chance i can call you ? or is that not allowed here?


lrhall41

Submitted by wmyslinski on Fri, 12/28/2007 - 11:58

( Posts: 16 | Credits: )


We are not allowed to post personal information. My advice at this point is to seek legal council. You have the high ground at this point. Make them pay for your troubles. Not only has it affected your credit, but it in turn affects certain services that rely on good credit such as most types of insurance, and cell phone. Sometimes even utility.


lrhall41

Submitted by JCEMT on Fri, 12/28/2007 - 12:58

( Posts: 2934 | Credits: )


good luck guest and good for you for doing the work needed to clear this up

there are so many people out there who just pay these things without fighting them to speed up the loan process and to receive lower interest rates

this re aging and renaming debt keeps happening here in America and it needs to stop

once again good luck and I wish you the best in your efforts!


lrhall41

Submitted by socksfullofrocks on Thu, 01/03/2008 - 22:43

( Posts: 488 | Credits: )


Save the file in word. Then when you go to post here there are three buttons at the bottom of the screen.
1. Quick reply
2. New topic
3. Post reply

You want to click post reply, scroll down toward the bottom and you will see an option to add an attachment (not the supernatural kind, you'll need an exorcist for that) click browse to locate the summons file, then click add attachment. Then submit, also you may need to add some text to the actual reply or it may not post.

If you have any problems let me know.


lrhall41

Submitted by JCEMT on Sat, 01/05/2008 - 09:41

( Posts: 2934 | Credits: )


i called "fnc" and talked to a guy named eric the amount of the judgement is $1207 the judgement is 6 years old i offered a settlement of $500 he said that they do not settle on judgements so i said well something is betten than nothing then he said that if we did come to a settlement he would want the money right now cc or check over the phone.i told him that i would need 30 days.we couldnt come to a agreement on anything although this is the first time i talked to them i told him to fax me a settlement letter so i gave him a fax number then he asked for my home phone number which i would not give him so he hung up on me


lrhall41

Submitted by on Tue, 01/08/2008 - 15:09

( Posts: | Credits: )


let me ask this question....the original credit card was montgomery wards then they sold it to midland credit managment so i was served the summons through midland credit but now midland has passed this on to "fcn" so when fcn takes over the debt do they also take over the rights to the judgement?


lrhall41

Submitted by on Tue, 01/08/2008 - 17:36

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