Q: can i do this
"1","Identify Credit Report Errors:
- Regularly check your credit reports.
- If any errors are detected, identify the lender or company and the precise issue."
"2","Dispute Credit Report Errors:
- Write a detailed letter to the lender and credit reporting agencies, identifying the error and asking for a correction.
- Consider using the Federal Trade Commission's sample dispute letter for reference."
"3","Create an Affidavit (if necessary):
- If needed, create an affidavit, a sworn statement of fact made by you.
- This step might be most appropriate for identity fraud or similar issues."
"4","Request Loan Modification:
- Gather all relevant documents (income proof, hardship letter, tax returns, etc.).
- Contact your lender's loss mitigation department and ask for loan modification.
- Submit your loan modification request, and follow-up regularly."
"5","Negotiation/Commercial Lien:
A:
Thank you for asking the question!
Yes, you can do all "1","2", "3." You need to dispute the errors with each credit reporting agency separately.
Also, there are attorneys that can work on your credit score after incidents such as bankruptcy.
"4". Request Loan Modification: if you have a first mortgage lien on your residential property, and because of some changes in your situation, you are not able to make your mortgage payments, you may be eligible for a loan modification.
You can submit the application to your bank yourself. Then, pursue your application and ask for updates
. Make every communication you have with the bank documented.
Banks have no duty to provide you with a loan modification. However, they have a duty to consider your request and provide you with a final decision and reasons for that. If the bank does not give a final decision, and forecloses your property for failure to make payments, you can stop the foreclosure by asserting your "Homeowner Bill of Rights."
This is merely discussion of CA general laws and not a legal advice. For a comprehensive advise, more specific facts and investigation are needed. I recommend you consult with an attorney in more detail.
Please let me know if you need further assistance.
Wish you luck.
A:
Hi there! Here are a few key points related to your question:
Checking Credit Reports:
- You have the legal right to obtain a free copy of your credit report from each of the three major credit bureaus (Equifax, Experian, TransUnion) once every 12 months. Regularly reviewing your reports for errors is a smart practice.
Disputing Credit Report Errors:
- Under the Fair Credit Reporting Act (FCRA), both the credit reporting company and the information provider (creditor/lender) are responsible for correcting inaccurate or incomplete information in your report.
- You can initiate disputes directly with the credit bureaus and creditors/lenders in writing. Provide any supporting documentation.
- Credit bureaus generally have 30 days to investigate disputes (45 days in certain circumstances).
Affidavits:
- Sworn affidavits attesting to facts of identity theft or credit report errors may be useful as supporting evidence in some cases, but their legal necessity and sufficiency can vary depending on the specific situation.
Loan Modifications:
- Homeowners facing hardship can request loan modifications from their mortgage servicer, which can adjust terms to make payments more affordable.
- However, lenders are generally not legally obligated to grant modifications. Requirements and procedures are mainly governed by the specific modification programs available.
Commercial Liens:
- In California, the laws around commercial liens can be complex. Improperly filing false or frivolous liens is illegal.
- Using liens as a negotiating tactic with creditors is inadvisable without guidance from a qualified attorney.
Overall, while the steps around credit reporting and mortgage relief options align with California law in a general sense, their application to any individual case requires careful consideration. For legal advice tailored to your specific situation, please consult a qualified California attorney. They can best guide you on appropriate and lawful courses of action.
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