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Do You Want to Improve Your Credit Score?

Do You Want to Improve Your Credit Score?

Experian estimated Columbus, Ohio’s average credit score to be 666 in 2015. That is only three points below the 669 national average. If your credit score falls below these averages, there are steps you can take as a consumer to gain some points. The lawyers at Doucet & Associates Co., L.P.A. can also offer advice about the Fair Credit Reporting Act (FCRA) and how to correct problems on your credit report.

 

Ways to Improve Your Credit Score

1.You should first check your credit report for errors using at least one of the three main credit reporting agencies (Equifax, Experian and TransUnion). Your credit score may differ a little on each report based on resources the agency used to develop your score. If there is an error on your credit report, the FCRA says you can send a letter to the credit reporting agency asking for the error to be corrected. If the credit reporting agency fails to correct the error, you can contact Doucet & Associates Co., L.P.A. for help on correcting your report or read more about the FCRA on our website by clicking here and they may have to pay our fees. Correcting the errors on your credit report can improve your credit score.

2.Get a credit card. Having a credit card shows that a creditor can trust you to pay back borrowed money. If you use the credit card correctly without developing debt, then you can increase your credit score.

3.Pay off your credit card debt. Some people cannot pay off all their debt in one payment. If that is the situation for you, stop using your credit cards and focus on minimizing your debt by making the required minimum payments every month.

4.Pay your bills on time. This includes all bills such as credit card bills, utility bills, medical bills and student bills. Failure to pay bills on time lowers your credit score.

5.Ask for a raise on your credit card limit. Getting a raise does not mean you have to spend more on your credit card, but shows that your creditors trust you more.

6.Get involved in paying off different types of loans, whether it is all at the same time or separately. Your credit score can be improved if you have history of accurately paying off a credit card, an auto loan, student loans and a home mortgage loan. If you encounter problems paying off a home mortgage loan the lawyers at Doucet & Associates Co., L.P.A. have experience helping homeowners secure loan modifications and fighting foreclosure lawsuits.

 

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If a Consumer Pays a Deposit as Part of a Consumer Transaction, the Supplier Must Have an Articulated Refund Policy

If a Consumer Pays a Deposit as Part of a Consumer Transaction, the Supplier Must Have an Articulated Refund Policy

William and Joan Layne, consumers as that term is defined in the Consumer Sales Practices Act, R.C. §1345.01, et seq., entered into a consumer transaction with Tru-Built Homes, Inc., to build a detached garage on their property.  The contract price of $7,196.00 was to be paid in three installments, with the first as a down payment at the time the contract was signed.  The contract went on to guarantee that the supplier would: “fix, replace, or repair any part that goes wrong, that is our fault, because of poor workmanship or faulty materials for one full year at absolutely no cost to the consumer.”

The concrete garage floor that was poured by the contractor did not conform to the contract’s specifications in that it did not align with the house.  The parties negotiated for several weeks, trying to resolve the non-conformity, without reaching an acceptable solution.  Finally, it was agreed that the contractor would remove and re-pour the pad.  A subcontractor started the task, but did not complete it.  Finally, the Laynes terminated the contract relationship, and filed litigation alleging breach of contract and violations of the Consumer Sales Practices Act, R.C. §1345.01 et seq.

A jury awarded damages of $6,277.00 on the breach of contract claim, but the trial court ruled against plaintiffs on the CSPA claim.  On appeal, the 2nd District reversed, finding that there was sufficient evidence in the record to find that the defendant had engaged in deceptive and unconscionable practices by accepting a deposit without articulating a refund policy, engaging in a pattern of inefficiency and incompetency, and failing to honor an express warranty, all of which have been held to violate the CSPA.

R.C. §1345.09(B) states that when a supplier in a consumer transaction has engaged in a deceptive or unconscionable act, a consumer is entitled to three times actual damages or $200, whichever is greater.  On remand, the lower court did not separate the breach of contract damages previously found by the jury from the CSPA violations damages, as the appellate court clearly contemplated, and simply trebled the jury’s finding of $6,277.00, totaling $18,831.00, as plaintiffs’ actual damages.  Defendants appealed again, and the appellate court agreed that damages were due and owing for the several CSPA violations but disagreed with the trial court’s basis for its finding of actual damages, so the court remanded that matter a second time for the trial court to re-examine each CSPA violation to fashion an appropriate damages award.

The 2nd District left alone the trial court’s award of attorney fees under the CSPA, reasoning that the supplier had knowingly committed the violation, which is enough to justify awarding attorney fees under R.C. §1345.09(F).  Quoting from the Supreme Court decision in Einhorn v. Ford Motor Co., (1990) 48 Ohio St. 3d, 27, 30, the appellate court stated that knowingly committing an act or practice “ ‘means that the supplier need only intentionally do the act…The supplier does not have to know that his conduct violates the [CSPA]. ’ ”   Id., at p. 6.  The trial court had held a separate hearing on attorney fees following the first remand, finding that $18,329.70 was a reasonable amount for plaintiffs’ attorney fees in the pursuit of their CSPA claims.

Layne v. McGowen, 2nd Dist. Case No. 16400, November 14, 1997

PIF #10001592: Decision under Consumer Sales Practices Act, R.C. §1345.01, et seq.

 

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Robo-signing: A still present problem for homeowners

Robo-signing: A still present problem for homeowners

“Robo-signing”. Most homeowners are aware of the term as a type of fraud that involved banks and mortgage servicers colluding to fabricate false documentation. The servicer would fashion legal documents of property ownership they did not have in order to initiate foreclosures on properties. Countless homeowners lost their homes when these documents were filed with the foreclosure action as “true and accurate” documents before the courts.

There was an attempt at culpability for this debacle that ultimately resulted in a $25 billion National Mortgage Settlement among the five leading mortgage servicers. Robo-signing never should have happened in the first place, but most of America was given the impression that the settlement was the end of it.

However, writer David Dayden of the financial news and analysis blog Naked Capitalism asserts that robo-signing has continued to this day. Dayden presents as proof an email sent to a former mortgage industry loan officer-turned-licensed private investigator specializing in securitization and chain of title analysis. This former mortgage industry insider is often called upon as an expert witness in foreclosure defense lawsuits. The email came from a document services provider working for large mortgage firms. The sender promises clients “peace of mind” that if documents are missing in a mortgage recording, their highly-trained researchers will locate and record these documents. In doing so, they create plausible deniability for fabrication of mortgage records.

The email to the former loan officer turned investigator requests a signature for an assignment of mortgage from the investigator. The investigator informed Dayden this isn’t the first time he’s been solicited for such a request. He theorizes that these companies are attempting a form of mutually assured destruction. If they can get him to sign on a forged record, it would indicate he is complicit in foreclosure fraud and tarnish his reputation and credibility as an expert defense witness. Alternatively, he posits that maybe they really did just need someone to help produce this mortgage assignment, and his name came up because he’d previously worked for the bank that needed it.

However, it’s likely worth noting that this same company was just fined $1.6 million in restitution and civil penalties by the Consumer Financial Protection Bureau for not honoring modifications for loans transferred to them by other servicers.

The investigator initially feigns ignorance. He asks for more information from the firm. The company responds by again indicating that an assignment is needed to show the bank assigned the loan over to the services firm. The “team lead” who had been communicating with the investigator attached a copy of the mortgage – which included confidential information that likely violated privacy laws.

The investigator then asks for a “prepared assignment,” which is a template from the company to fill out. Company responds with an attachment with blanks for investigator to fill in. It’s pre-signed and pre-notarized, with amounts that differ from the actual note (indicating the company wanted the document to appear as if it was first created in 2002).

Dayden characterizes this as “solicitation to commit a felony,” specifically, to fabricate a mortgage document. The investigator says that by “recreating chains of title,” they are dumping “garbage” into the courts daily.

Catching this kind of flaw in the chain of documentation requires the help of an attorney who is familiar with the intricacies of the foreclosure process and can spot irregularities. The firm of Doucet & Associates specializes in foreclosure defense. If you are facing foreclosure, call Doucet & Associates to schedule a consultation and let us help you save your home.

 

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