Complete Form Now For Your Modified Payment Calculation:

  
Debt Resolution
Loan Modification
Property Tax Adjustment
Wealth Building Program

Debt Resolution FAQ's

Unsecured Debt Validation, Audit & Resolution


What are my choices regarding unsecured debt?

Answer:

  • You can elect to do nothing. Of course, this solution can make things worse. The harassing phone calls from debt collectors will not go away. You have a debt which is a legal obligation and must be addressed or it will never go away. Keep in mind that your personal property could be seized.
  • You can elect to file Chapter 7 bankruptcy. This solution is at times a good alternative to traditional debt management. This process requires you to apply within the court system and based upon income, it must be above a certain level as well as you will be making a predetermined payment each month to each creditor.
  • Chapter 13 Bankruptcy is another option. You will be dealing will be with a court appointed trustee and your living expenses will be cut to the bare minimum. This process can take 3 to 5 years depending on your income. In some cases this option should be considered if you want to prevent law suits, are about to have your home foreclosed or do not qualify for Chapter 7
  • You can choose Debt Validation procedure used by The Debt Recovery. This solution is best performed by a law firm. It will only use settlement as the last resort. Too many companies will automatically put clients in settlement programs without legally verifying the debt and collection practices. The Validation process will properly validate the debts you have are indeed true and reported such as well as verifying the practices used to collect such debts were performed legally. If for whatever reason the debt is verified and the collection practices performed were indeed legal your debt will then automatically move into our settlement program performed by a registered law firm. Our program will stand behind our Debt Validation and we will work with our clients in the event a creditor wants to take legal action.
  • Another option is Debt Settlement. You make a monthly payment to a company that in most cases is performed by a NON attorney and in some cases an unqualified person to negotiate your debts to a reduced amount. We are NOT aware of settlement companies that offer to perform legal services in the event a creditor takes legal action against you. Please keep in mind that it is their right to do so. Debt Settlement is a good alternative but one that should be approached carefully and after performing appropriate validation procedures. There are good companies and bad companies. Make sure to ask the appropriate questions before you participate.
  • Finally, you can choose Debt consolidation. These companies are typically a non-profit agency working with your creditors to reduce your monthly payment. Your obligation is pay back 100% of the principal No services are offered to validate your debts and practices used to collect them.


What is Debt Resolution, and should I care?

Answer: Our process works with a national network of paralegals, attorneys and administrative services providers dedicated to providing consumers across the nation with relief from a debt collection industry that is out of control. Through a proprietary process developed by licensed attorneys and certified paralegals, we are able to identify, develop and litigate claims for violations of state and federal consumer protection laws. Through this process, we are able to gain the consumer significant relief from skyrocketing unsecured debt burdens.


How long have you been in business?

Answer: Attorney Michael Duff and his Father have been working in the debt industry since 1980. Successfully negotiating for nearly 30 years and assisting consumers with their debt problems. Many of the attorneys in the network have decades of legal practice experience that is used to aggressively represented the interests of consumers nationwide. Our attorneys have decades of litigation and business practice experience which they bring to the process on your behalf.


Who can I count on for answers to questions that I have during the process?

Answer: We have a professional support staff in place to assist with any questions that you may have during the process. Our support staff consists of paralegals and attorneys who will help guide you through the process. You can simply pick up the phone or email us with any questions that you might have during the process.


Will I get status reports?

Answer: You will receive acknowledgement that you are entered into the system upon completion of your application and the payment of fees. You may also receive confirmations from the different agencies we are dealing with during the process. Any such communications must be forwarded to the support group within 48 hours. In addition, we are in the process of building a secure electronic interface that will allow you to access your account to determine the status of any action items on a 24/7/365 basis.


What is the e-mail address for Customer Service?

Answer: You will be furnished all our customer contact information upon confirmation that you are in the system. This will normally be in less than 10 days. The contact information is furnished in your original enrollment packet.


Do you guarantee your services?

Answer: Unfortunately, most of the work that our attorney network involves itself in is litigation related. As litigation is fraught with uncertainty, no guarantees can be made with respect to the overall outcome of all consumer credit accounts. However, we will guarantee that our attorneys will provide the most professional and lawful strategies and tools in the market to reconcile consumer unsecured credit accounts.


HOW DOES RESOLUTION PROCESS WORK?

How do you eliminate my debt?

Answer: Please understand that this is not a "Debt Elimination" process. If you are looking for a way to avoid your legal obligations under contract, you have found the wrong place. We have seen all of the processes out there, from UCC Redemption to Ultra Vires to Bonding to foreign mail drops coupled with lawsuits and liens, and everything in between. While some may work for a time, they all ultimately suffer the same fate-Failure-and in more and more cases, Sanctions.

Our attorneys use a proprietary set of tools and strategies developed by certified paralegals and licensed attorneys to validate unsecured debt claims, and then identify, develop and litigate consumer claims for violations of state and federal consumer protection laws. In all circumstances we will endeavor to secure validation of the underlying debt from an original creditor and any subsequent owners or holders of the unsecured debt account. During the process, some debts may be invalidated. A debt that is proven to be invalid must be forgiven and removed from the credit report and the records of the financial institution. Other debts may be subject to negotiation and settlement. Still others may be litigated. From our experience and research, rarely do any of these federal claims go to trial. Regardless of the strategy used on a particular account, the goal is to secure as much relief for the beleaguered consumer as possible from a debt collection industry that has completely lost its moral compass


Isn't it wrong to file lawsuits just to try to get out of debt?

Answer: Absolutely. The filing of unfounded claims is a violation of ethical guidelines and rules of procedure and Legal Debt Cure will not sanction such activity. The process utilized by the attorneys uses our knowledge of debt collection industry practices to identify and develop viable lawful claims against the various parties in the collection process. Any lawsuits that are filed on our client's behalf by our attorneys are soundly based in law and fact.


I am currently making payments on my accounts, should I continue to make minimum payments?

Answer: Many people who come to us are already in default on at least one account. This is the most pressing question for those who have not defaulted. If you choose to enter an account into the process then it is your choice whether or not to make payments to an account which you believe to be invalid.

The Fair Debt Collection Practices Act 15 U.S.C. 1692, et seq. provides for the withholding of payments during the dispute of a debt. Further, the Fair Credit Billing Act allows for the withholding of payment during a billing dispute. We believe that if payments continue to be made, they should be made under protest or duress. Otherwise, the act of payment may be interpreted as a validation of the disputed debt. Remember, the companies that you are dealing with are large, computerized operations who are more interested in checks and other forms of payment than any other type of communications. Therefore, if you choose to pay under protest, that fact should be communicated on the payment instrument itself.


Do I need to get copies of all my credit reports before sending in my paperwork?

Answer: No. We will arrange to have your credit reports pulled from all of the major credit reporting agencies. You will know that the process is working when you begin to receive reports from the three major credit reporting bureaus.


What do I do when I receive my credit reports?

Answer: Once the requests for credit reports are filed, you will receive a number of copies of your credit reports from the credit reporting agencies. These documents may resemble junk mail, so please be sure to open all of your mail to make sure you do not throw them out by mistake. Immediately upon receipt, review your report (s), and then fax it to BCS America and the support group. If you receive several reports over one or two days, fax them all. Every time you receive a credit report, act on it within 48 hours in the above manner. Time is of the essence!


How long does the total process take?

Answer: As with any legal process, it is impossible to determine the exact amount of time that will be necessary to complete the process. The complete process should take approximately 12 to 18 months on average. This includes credit restoration, Resolution of unsecured debt, and any action on the federal level.


Will my credit file be blocked during this process?

Answer: During the first part of the process, our provider partners will place a fraud alert on your reports. Do not let anyone access your Credit Report while in this process.


Will recent disputes or verifications on my credit report delay the credit restoration process?

Answer: No. The debt Resolution process starts fresh, and any historical activity on your reports will not have an impact on the demands for validation and verification that we make on your behalf.


Can I allow my credit report to be accessed by third parties during this process?

Answer:


Do you guarantee your services?

Answer: In order to ensure that there is no disruption to the credit restoration process, it is recommended that you not allow anyone to access your credit file. As such, you should avoid applying for anything or employing the services of anyone that would result in your credit report being pulled up and queried.

Various companies such as Insurance (Life, Car, and Home Owners), Utilities (telephone, cell phone, gas, electric, Cable TV), Credit Card, Auto Dealers, and Employers (Verification and Application) must not access your credit report, so it is advised that during the course of the process you not apply for any of those services. Make sure you notify them that they should not access your Credit Reports while this process is taking place. The credit reports will be blocked during this period and the enquiring companies will not be able to access your credit report without your permission. In the event that you have to allow access to an entity, please make sure to notify the support group prior thereto so as to avoid disruption.


Why do my credit reports show different treatment of my accounts?

Answer: Every CRA reports differently. The end result of this process will be to clear all credit reports of any accounts you placed in the program and remove derogatory remarks on remaining accounts.


At what point in the process does a 3rd party debt collector become aware that this process is in motion?

Answer: When they receive notice that you have disputed the subject account or certainly when they are served with a federal complaint.


How do I stop phone calls from the creditors or collectors?

Answer: Cease and desist letters are very effective at stopping phone calls from collectors, however, we prefer that our clients accept these phone calls in order to enhance the strength of our federal suits against these collectors. We ask that our clients either record(when allowed by state law) or keep an accurate log of these calls to send on to the support group.


I currently have an attorney working for me. What do I do if I want to use the services of Debt Resolution?

Answer: Please have your attorney contact us so that we can explain in detail our compliance review and Resolution process, and the claims that we will develop on your behalf. To the extent that your attorney is engaged in the defense of any state collection claims, we are happy to share any defensive tool and strategies t maximize his/her representation of you. We are also always looking for consumer advocates to join our ever growing network, so have them get in touch with us as soon as possible.


How do I know my accounts are being worked on?

Answer: Any accounts submitted properly into the program are being worked on. If the paralegal needed additional information prior to sending your package to support group, you would have been contacted. As stated above, if you are receiving reports and other communications from the credit reporting bureaus, this is a good indication that our process is at work behind the scenes.


What if I want to know what is going on right now?

Answer: As with all legal processes, each step in the compliance review, claims development and Resolution process takes time. Generally, the consumer protection statutes we operate under provide for response periods as long as 30 days. Please refer to the support group with any questions.


Do you dispute my unsecured debts?

Answer: We dispute the accuracy of each and every presentation of the account as part of the program. You will be involved in the disputing phase as these disputes will be emailed to you with instructions to mail them out.


Is anyone in compliance with the consumer protection laws?

Answer: From our experience, few if any debt collectors are in full compliance with the host of state and federal consumer protection laws. It is our mission to identify, expose and make actionable as many violations of those laws as possible.


ACCOUNTS / LOANS

Are signature loans at a bank considered to be unsecured?

Answer: Yes. A signature loan is secured only by your signature. Any unsecured debt can be reconciled through this process.


Can store cards like Sears, or JC Penney be reconciled through this process?

Answer: Yes. Increasingly, store credit cards are underwritten by the major credit card banks. The collection process that is used in these accounts is no different than any other unsecured credit account.


Can I include my spouse's account in the process?

Answer: Yes. The process is based purely on the number of accounts you are processing regardless of whether they are in your, or your spouses name.


Does the credit restoration process clear up late payments on my credit report?

Answer: Yes, our process attacks late payment entries and demand verification thereof. In the event that they fail or refuse to comply with the law regarding the proper method of verifying negative trade lines, as is the case in most situations, those entries must be removed.


Do you deal with Credit Union issued accounts?

Answer: Yes, as long as they are unsecured accounts.


Do you deal with accounts with a $0 balance?

Answer: It can be beneficial to your credit score to maintain open accounts that have $0 balances. We recommend not using them actively unless you can afford to pay the balances off.


What is the end result of your process?

Answer: Our goal is to perform a complete and total Resolution of your unsecured debt portfolio, and to get the consumer as much relief from unbridled debt collectors as is legally possible. To do that we enlist a team of certified paralegals and licensed attorneys to validate claims and identify, develop and prosecute the inevitable claims that arise on your behalf against the collectors. At the end of the process, you should have your credit history restored, all unsecured credit accounts that have come through the process resolved to your maximum advantage, and the financial education and tools to ensure that you do not ever fall into the unsecured credit trap again.


Are electronically produced billing "statements" proof of validation of debts?

Answer: No, and we develop a paper trail where the collector is on notice that uncertified statements of account are not lawful evidence for purposes of validation. However, you need to understand that we are not just disputing the account/validity of any charges. We are identifying and developing claims where the creditor and/or collector is not in compliance with the Fair Credit Reporting Act, the Fair Credit Billing Act, the Fair Debt Collection Practices Act, and other state and federal consumer protection laws. These claims are separate and apart from any claims that a collector may try to assert against you.


Do balance transfers qualify for this process?

Answer: So long as you are dealing in unsecured accounts.


I am not behind on my accounts; can I still have them included in your process?

Answer: Yes, you can. However, you need to understand that this process may result in a short term decline in your credit scores while the Resolution process proceeds. Any reduction in credit scores will be rectified during the credit restoration process.


Does this work on secured home mortgages or auto loans?

Answer: No, this process is restricted to unsecured credit accounts.


Does your process deal with student loans?

Answer: This is an area that we are investigating. We do not currently have a process in place to deal with these loans. Student loans are government insured and sometimes government owned.

We are aware of certain strategies that involve the borrower going to the guarantor (Sallie Mae etc.) and filing a Request for Disposable Income Review. You don't have to validate the claims, but you sign under penalty of perjury. They allow you to pay as little as $50 per month, but they can't then charge you interest. The credit restoration process then indicates on your credit report that the account is "being paid". In these circumstances, the money you pay is applied to principal only.


JUDGMENTS / LAWSUITS / ARBITRATIONS

What happens if I am sued and have to go to court?

Answer: First of all, no matter how uncomfortable you feel, you must show up. Understand that the interest of the court is to get your case through the system as quickly as possible. Do not let that intimidate you. If the judge or anyone else asks you if you owe the money, inform them that you have disputed the account, and that is all you have to say. It is in your best interest follow the instructions on any document that was delivered to you notifying you of the filing of a lawsuit against you. Generally, consumers are required to file an appearance form that can be supplied by the court clerk's office, and pay a fee to the court. Consumers may also be required to file an answer to the complaint. Failure to file required documents may result in a judgment being entered against you, so make sure you read the papers carefully.

In addition to the Resolution process discussed herein, we do have attorneys in some locations who can appear in your defense in state collection actions. However, those attorneys may require a retainer for performing those defensive type services, as opposed to the claims that are developed through the Resolution process, which are handled on a contingency fee basis. Please be very clear that the process that we are discussing in this document involves the identification, development and prosecution of claims in federal court. The process does not directly deal with state court collection claims. However, the actions of the collectors at the state level form the basis of the claims that our attorneys file on your behalf, and any illegal actions performed by the collectors will result in requests for damages.


Can you assist with a default judgment?

Answer: Default judgments are awarded to collectors when the defendant either does not show up for the first hearing, or fails to respond to a Complaint. The critical time for dealing with default judgments is within 30 days of the entry of the judgment. After that, the threshold for vacating default judgments can rise substantially.

As stated above, the Resolution process does not directly deal with state court collection cases. However, we will prioritize treatment of any accounts that are in litigation during the course of the Resolution process. Our recommendation is that any consumers who are subject to a summons for a state court collection action request as much time as they can get to respond to the complaint. This will allow us time to review the relevant account information, send any correspondence necessary, and develop the federal complaint for filing.


If I got a summons this week, can you help?

Answer: As with the default judgment discussed above, this process does not directly deal with state court collection actions. However, we are confident that whatever damage may be done by the collectors during their pursuit of the debt can be rectified through the Resolution process.


CREDIT REPORTS

Can inquiries be removed from the credit report?

Answer: Yes, this is part of the credit restoration process.


Once Negatives are investigated and removed, do they come back?

Answer: Negative information, once investigated and found unverifiable, outdated, misleading or inaccurate, may not reappear on your credit report according to the FCRA (Fair Credit Reporting Act).


Is credit repair the same as credit restoration?

Answer: No. We only offer credit restoration.


Can we buy a new car or buy a new home while we're in this process?

Answer: If you know you are going to buy a car or house during this time do not start this process until you have completed your purchase, then you may get into the process. If you wait to purchase these items after you have your credit restored you will probably get a better interest rate on your purchase.


Secured Home & Automobile Loan Modifications

What is a Loan Modification?

Answer: After a hardship has occurred, your lender may be willing to re-negotiate the terms of your loan to fix and lower your rate, reduce your principal, or extend the term. Any combination of these will lower your payment and allow you to stay in your home or automobile.


Who qualifies for a Loan Modification?

Answer: Any homeowner or auto owner who has experienced hardship due to an increase in payments from an adjustable rate, a negative amortization loan (neg-am, pick a pay, etc...), loss in income, or any other reason may qualify.


What is the benefit for me? What is the benefit for the lender?

Answer: After the Modification, you will have lower payments so you can stay in your home and keep your car. Your investment is protected and you will regain your equity in future years. Even though the bank will take a loss by lowering your interest rate and principal balance, the loss may be less than if they have to foreclose and attempt to sell. It's really a win-win and the start to solving the main problems facing our economy today.


How long will this take?

Answer: Typically, it depends on where you are at in the foreclosure process. It can take as much as a couple months, but if a Notice of Default of Notice of Trustee's Sale has been filed, a higher priority will be placed as there is a pending deadline.


Are there any fees involved?

Answer: Yes, they will be fully disclosed in the contract and compliance calculator. They are typically spread out though the program. This increases our level of commitment to you by making sure you get the help and attention you deserve.


In utilizing the Loan Modification option to bring my mortgage current, can we include back-interest and fees?

Answer: Yes, often your lender will excuse these fees and even lower your principal more. HUD recommends banks waive all late fees.


Will my lender require an appraisal or inspection?

Answer: Yes, the mortgagee may conduct any review it deems necessary to verify the property's current value and condition. This typically results in an 'upside down' situation, making the lenders more likely to modify your loan.


When utilizing a Loan Modification option, can a lender escrow advance for Homeowner's Association fees?

Answer: HUD Handbook 4330.1 REV-5, Paragraph 2-1, Section B, Escrow Obligations states:
Mortgagees must also escrow funds for those items which, if not paid, would create liens on the property positioned ahead of the insured mortgage. This means any back association dues or taxes must be brought current by your lender.


Is there a new basis interest rate which mortgagees may assess when completing a Loan Modification?

Answer: Yes, Mortgagee Letter 2008-21 (HUD) states that the new basis interest rate is 2% (margin) points above the monthly average yield on U.S. Treasury Securities, adjusted to a constant maturity of 10 years (index.)


Is Escrow required when completing a Loan Modification?

Answer: Yes, escrow will be opened to make sure amounts needed to bring taxes, interest and any other dues current are accounted for.


Can we qualify for the Loan Modification option when I am unemployed, my spouse is employed, but the spouse name is not on the mortgage?

Answer: Based upon this scenario, the lender will conduct a financial review of the household income and expenses to determine if surplus income is sufficient to meet the new modified mortgage payment, but insufficient to pay back the arrearage. Once this process has been completed the lender will determine if the asset is eligible for a Loan Modification since the spouse is not on the original mortgage.


Property Tax Modification

Property Tax Reduction

Answer: If the value of your house has gone down, so should your Property Taxes. We can typically lower your taxes as much as 50%! This is a service we provide to our clients in an effort to reduce monthly expenses and enhance your asset acceleration effort.


Proprietary Asset Accelerator

Do I have to refinance my current home loan for this to work?

Answer: No. You can refinance to increase your interest savings, but it is not necessary. If you need to refinance, HOEM will be glad to help you get a better interest rate and help you save money each month.


Why have I not heard of this program before?

Answer: Homeowners in Australia and the United Kingdom have been using this system for the last 12 years. In fact, more than a third of the households in Australia and about one fourth of the households in the United Kingdom are currently using a program to accelerate their equity. The financial institutions in the United States do not like this program because they make less money in interest per household.


Is this a new concept in the United States?

Answer: No. Many fortune 500 companies use a banking technique called a 'sweep account'. This technique is used to reduce the daily calculated interest. Big companies started moving or 'sweeping' their bank accounts daily to an outstanding interest bearing loan to reduce average daily interest.


Why can't I just make extra payments to the principal on my current mortgage? Isn't it the same thing?

Answer: HOEM's program contains an algorithm that systematically creates the highest interest savings possible in the least amount of time. Each individual, due to the uniqueness of their situation, requires a custom plan to achieve optimal results. Plus, if you make additional payments on a conventional 30-year fixed-rate loan, you can't borrow that money without taking out a home-equity accelerator account or a home-equity loan. With the mortgage-accelerator program, you already have the accelerator account in place. That gives homeowners confidence that they can be aggressive in paying their mortgages and still have money readily available if a financial emergency comes up.


Why do I have to apply for an accelerator account for this program to work?

Answer: HOEM's program utilizes an accelerator account to maximize interest savings. Interest in a accelerator account is calculated on an average daily balance. Normally, it would not make sense to open up an accelerator account with a higher interest rate. But since you put your pay check into your accelerator account every month, your balance stays lower and you pay less interest.


Do I have to spend less and pay more every month for this program to work?

Answer: No. If you are currently making more than you are spending per month, you do not need to change your behaviors. Many people that want to pay their home off even faster make changes in their spending behaviors, but changing your budget is not necessary.


What happens if I sell my home?

Answer: HOEM's program helps you build equity. Essentially it is impossible to move backwards if you follow your personalized plan. The accelerator account will not affect your ability to sell your house. Plus, when you move into your new home, you can use the same program to pay your new home off faster and save thousands in interest.