Posts Tagged ‘Bad Credit’

Buying a home? Consider Hiring an Attorney

Monday, January 11th, 2010

The most expensive thing most people will buy in their lifetime is the house in which they live. In addition to being expensive and taking decades to pay for, the purchase of a house also represents one of the more complicated legal transactions most people will ever encounter. Despite the need for contracts involving bankers, city, state and county tax assessors and other legal entities involved in the sale of land, most people never even consider hiring an attorney to assist them with the purchase of a home. That’s unfortunate, as the relatively small amount of money saved by hiring an attorney now could possibly save thousands of dollars later.

How can an attorney save you money? By double-checking all of the terms and documents of the transaction to make sure everything is legal and proper. Most people who buy homes don’t bother to check zoning ordinances or whether or not the home or fence on their property encroaches on that of a neighbor. An attorney can check these things along with tax issues and any one of a number of minor things that most buyers never even know to think about.

Right now in Texas, a number of homeowners who lost their homes to foreclosure are engaged in lawsuits against the company that sold them their houses. Among the allegations in the case are suggestions that the company that sold the property did such things as:

Tell buyers with bad credit and even previous bankruptcies that they qualified for unusually large home loans. Some of these loans had monthly payments that exceeded 50% of the buyers’ monthly income. In short, they agreed to lend buyers money that they knew the buyers could not afford to repay.

Provide buyers with mortgage documents that stated that the property wasn’t being resold but was rather being refinanced by existing owners.

Offer loan documents that contained a number of blanks which the sellers filled in sometime after closing. Buyers were later shocked to discover that their monthly mortgage payments were much higher than they had been promised.

Showed the buyers fraudulent appraisals that suggested that the property in question was worth 2-3 times its actual value.

A lawyer would have caught any one of these problems, had even one of the displaced homeowners bothered to hire one ahead of time. And yet hundreds of buyers appear to have been victims of mortgage fraud because they weren’t willing to spend a few hundred dollars to have an attorney look over the documents before they signed them.

Buying a house is agreeing to an obligation that can tie up your finances for decades. It only seems reasonable that if you are going to spend hundreds of thousands of dollars on a place to live, you might want to consider spending hundreds of dollars to make sure that the terms of your purchase are legal and reasonable. A little money spent now could save you a lot of money later.

Bad Credit: County Court Judgements Explained

Friday, December 25th, 2009

Having a County Court Judgement or CCJ issued against you will have a severe impact on your credit rating, as it signifies that you have had serious problems paying back a loan or other form of credit, to the extent where your creditor has had to take court action against you to try and recover the debt.

If you get into arrears and fail to come to a repayment agreement, your creditor may decide that pursuing a CCJ is the only option. The first you’ll hear about it is when you receive a ‘Claim Form’ through the post, sent to you by the county court. This form will set out the details of the claim, including who the creditor is and how much they say you owe them.

If you were unaware of the debt, for instance if you’d moved house and lost contact with the creditor, then repaying the full debt now will stop proceedings going any further. If however you can’t clear the debt, then you should fill out an ‘Admissions Form’ which will also have been sent to you.

This form asks for information about your income and expenses, which the court will take into account when hearing your case. The Admissions Form should be returned within 16 days of the postmark it holds, although if you intend to dispute or defend the claim then you can apply to have the hearing delayed an extra 14 days in order to prepare your defence.

Once you’ve filled in these forms and returned them to the court, there will be a simple hearing carried out in private. You don’t have to attend the hearing so long as you’ve completely filled in the necessary forms, or unless you wish to dispute aspects of the claim.

At the hearing, the court will objectively review the claim and the information you’ve provided, and come to a decision about the amount of money (if any) you owe, and how it should be repaid. It’s important to note that no one is being found ‘guilty’ or ‘innocent’ here, the court is simply trying to fairly resolve a civil financial dispute.

If the decision upholds the claim against you, then the court order or CCJ is issued. Even at this stage you can stop the damage to your credit record, as you’ll have one month from the date of the court hearing to repay the debt in full to stop the CCJ being put on record.

After a month, the CCJ will be entered on to the Register of County Court Judgements, and from there it will make its way onto your credit files held by the various credit reference agencies.

The presence of one or more CCJs on your credit file will effectively close off most kinds of finance to you, as most lenders will be very reluctant to advance credit to people in these circumstances. Once, however, you’ve cleared the debt, then the judgement will be marked as ’satisfied’, and while this will not remove it from your record it is a lot less harmful to your credit worthiness than an uncleared CCJ.

If you have a CCJ on your record, you might be tempted by companies promising to remove it and clean up your rating. Unfortunately, this is only feasible in a few cases. Sometimes, the CCJ is entered on to your record by mistake even though you cleared the debt within the one month time limit. If this has happened then you have the right to have it removed from your records.

The only other ways to have a CCJ removed is to show that there was something wrong with the way in which the judgement was awarded. If, for example, you didn’t receive the initial Claim Form, and you were unaware of the proceedings, then you didn’t have the chance to defend yourself and so the judgement is invalid.

In these circumstances, you can apply to the court to ’set aside’ the judgement and it will be removed from your file, with the whole process starting again with a new claim and hearing. Any attempt to gain a ’set aside’ without a reasonable argument could be seen as wasting the court’s time, with all the legal penalties that would entail.

If you receive a Claim Form through the post, it’s important not to panic. Although a CCJ against your name is harmful to your credit rating, it isn’t a criminal matter and won’t lead to further action such as repossession of your home or bankruptcy. The CCJ procedure is there so that the court can help to resolve your debt in a way that is fair to both you and your creditor.