Update to Deficiency Judgment Collection Efforts
We have asked our clients to obtain a copy of their credit report to determine if the amount reported as due and owing is correct. We are doing so because we have noticed in some instances the amount being sought in the deficiency lawsuit differs from the amount reported to the credit reporting agencies (CRAs). In other instances, we have noticed that the original judgment creditor (the party who foreclosed) reported an amount different from the amount being reported by debt buyers/collectors, like Dyck O’Neal and ClearSpring Loan Services, formerly known as Vantium, to the CRAs.
One question that arises from this discrepancy, is whether or not the Fair Credit Reporting Act applies and if it is being violated. Did the debt collector adequately investigate the amount due before furnishing information to the credit reporting agencies? Another question, is whether Fannie Mae, or other debt sellers, ever told Dyck O’Neal, or any other debt buyer, that some of the debt may be legally noncollectable? The plot thickens and the foreclosure mess continues to morph into another scary object.
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Do you have questions or comments? Then please feel free to Chat with Larry in the comments below, at firstname.lastname@example.org, or (954) 458-8655. If you have a specific or personal situation, please call or email Larry because he can’t answer specific fact questions in general comments.