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Back to Appraisal Questions
Three agencies accumulate data on which to base your credit history. Their names, addresses and phone numbers are shown below. It is normally very difficult to speak to a live person at these agencies; instead you are directed through a voice-mail maze which will give you instructions on how to get a copy of your report, what it may cost, or how to deal with a problem you may have. In any case, it is better to communicate in writing. Use certified mail so you will get a receipt showing that the agency received your letter and when they received it.
|
EQUIFAX
(800) 685-1111 |
EXPERIAN
|
TRANS-UNION |
How can I increase my score? While it is difficult to increase your score over the short run, here are some tips to increase your score over of time.
If several
companies check my credit, will that hurt my score? That depends.
The scoring system has changed to be more lenient in this regard. A
few inquiries over a short period of time won't hurt your score. Mortgage
lenders realize that when a borrower is shopping for a rate, their credit
may be investigated by more than one lender.
Back
to Credit Rating Questions
Back
to Credit Rating Questions
Credit
and Your Consumer Rights
The Federal Trade Commission (FTC) enforces credit laws that protect your right to obtain, use, and maintain credit. These laws do not guarantee that everyone will receive credit. Instead, the credit laws protect your rights by requiring businesses to give all consumers a fair and equal opportunity to receive credit and to resolve disputes over credit errors. This document explains your rights under these laws and offers practical tips to help you solve credit problems.
Your
Credit Report
Your credit payment history is recorded in a file or report. These files
or reports are maintained and sold by consumer reporting agencies (CRAs).
One type of CRA is commonly known as a credit bureau. You have a credit
record on file at a credit bureau if you have ever applied for a credit
or charge account, a personal loan, insurance, or a job. Your credit record
contains information about your income, debts, and credit payment history.
It also indicates whether you have been sued, arrested, or have filed
for bankruptcy.
The Fair Credit Reporting Act (FCRA) is designed to help ensure that CRAs furnish correct and complete information to businesses to use when evaluating your application.
Your rights under the Fair Credit Reporting Act:
You have a right to add a summary explanation to your credit report if your dispute is not resolved to your satisfaction.
Your
Credit Application
When creditors evaluate a credit application, they cannot lawfully engage
in discriminatory practices.
The Equal Credit Opportunity Act (ECOA) prohibits credit discrimination on the basis of sex, race, marital status, religion, national origin, age, or receipt of public assistance. Creditors may ask for this information (except religion) in certain situations, but may not use it to discriminate when deciding whether to grant you credit.
The ECOA protects consumers who deal with companies that regularly extend credit, including banks, small loan and finance companies, retail and department stores, credit card companies, and credit unions. Everyone who participates in the decision to grant credit, including real estate brokers who arrange financing, must follow this law. Businesses applying for credit also are protected by this law.
Your rights under the Equal Credit Opportunity Act:
Your Credit
Billing and Electronic Fund Transfer Statements
The FCBA generally applies only to "open end" credit accounts, credit cards, revolving charge accounts (such as department store accounts), and overdraft checking accounts. It does not apply to loans or credit sales that are paid according to a fixed schedule until the entire amount is paid back, such as an automobile loan. The EFTA applies to electronic fund transfers, such as those involving automatic teller machines (ATMs), point-of-sale debit transactions, and other electronic banking transactions.
Your Debts
and Debt Collectors
The Fair Debt Collection Practices Act (FDCPA) applies to personal, family, and household debts. This includes money owed for the purchase of a car, for medical care, or for charge accounts. The FDCPA prohibits debt collectors from engaging in unfair, deceptive, or abusive practices while collecting these debts.
Your rights under the Fair Debt Collection Practices Act:
Solving
Your Credit Problems
Here are some additional tips for solving credit problems:
If you can't resolve your credit problems yourself or if you need help, you may want to contact a credit counseling service. Nonprofit organizations in every state counsel consumers in debt. Counselors try to arrange repayment plans that are acceptable to you and your creditors. They also can help you set up a realistic budget. These services usually are offered at little or no cost.
Universities, military bases, credit unions, and housing authorities also may offer low- or no-cost credit counseling programs. Check the white pages of your telephone directory for a service near you.
For
More Information
You can file a complaint with the FTC by contacting the Consumer Response
Center by phone: toll-free 1-877-FTC-HELP (382-4357); TDD: 202-326-2502;
by mail: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania
Ave, NW, Washington, DC 20580; or through the Internet, using the online
complaint form. Although the Commission cannot resolve individual
problems for consumers, it can act against a company if it sees a pattern
of possible law violations.
This document was written in January 1998 by the FTC.
Back to Credit Rating Questions
| Mary and Bill recently divorced. Their divorce decree stated that Bill would pay the balances on their three joint credit card accounts. Months later, after Bill neglected to pay off these accounts, all three creditors contacted Mary for payment. She referred them to the divorce decree, insisting that she was not responsible for the accounts. The creditors correctly stated that they were not parties to the decree and that Mary was still legally responsible for paying off the couple's joint accounts. Mary later found out that the late payments appeared on her credit report. |
If you've recently been through a divorce or are contemplating one, you may want to look closely at issues involving credit. Understanding the different kinds of credit accounts opened during a marriage may help illuminate the potential benefits and pitfalls of each.
There are two types of credit accounts: individual and joint. You can permit authorized persons to use the account with either. When you apply for credit, whether a charge card or a mortgage loan, you'll be asked to select one type.
Individual or Joint Account
Individual
Account
Your income, assets, and credit history are considered by the creditor.
Whether you are married or single, you alone are responsible for paying
off the debt. The account will appear on your credit report, and may appear
on the credit report of any "authorized" user. However, if you live in
a community property state (Arizona, California, Idaho, Louisiana, Nevada,
New Mexico, Texas, Washington, or Wisconsin), you and your spouse may
be responsible for debts incurred during the marriage, and the individual
debts of one spouse may appear on the credit report of the other.
Advantages/Disadvantages: If you're not employed outside the home, work part-time, or have a low-paying job, it may be difficult to demonstrate a strong financial picture without your spouse's income. If you open an account in your name and are responsible, no one can negatively affect your credit record.
Joint
Account
Your and your spouse's income, financial assets and credit history are
considerations for a joint account. No matter who handles the household
bills, you and your spouse are responsible for seeing that debts are paid.
A creditor who reports the credit history of a joint account to credit
bureaus must report it in both names (if the account was opened after
June 1, 1977).
Advantages/Disadvantages: An application combining the financial resources of two people may present a stronger case to a creditor who is granting a loan or credit card. When two people apply together for the credit, each is responsible for the debt. This is true even if a divorce decree assigns separate debt obligations to each spouse. Former spouses who run up bills and don't pay them can hurt their ex-partner's credit history on jointly held accounts.
Account
"Users"
If you open an individual account, you may authorize another person to
use it. If you name your spouse as the authorized user, a creditor who
reports the credit history to a credit bureau must report it in your spouse's
name as well as yours (if the account was opened after June 1, 1977).
A creditor may report the credit history in the name of any other authorized
user.
Advantages/Disadvantages: User accounts often are opened for convenience. They benefit people who might not qualify for credit on their own, such as students or homemakers. While these people may use the account, you, not they, are contractually liable for paying the debt.
If
You Divorce
If you're considering divorce or separation, pay special attention to
the status of your credit accounts. If you maintain joint accounts during
this time, it's important to make regular payments so your credit record
won't suffer. As long as there's an outstanding balance on a joint account,
you and your spouse are responsible for it.
If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. You may ask the creditor to convert these accounts to individual accounts.
By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor, however, does not have to change joint accounts to individual accounts. The creditor can require you to reapply for credit on an individual basis. On that basis, the creditor may extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to require refinancing to remove a spouse from the obligation.
For More Information
You can file a complaint with the FTC by contacting the Consumer Response Center by phone: toll-free 1-877-FTC-HELP (382-4357); TDD: 202-326-2502; by mail: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave, NW, Washington, DC 20580; or through the Internet, using the online complaint form. Although the Commission cannot resolve individual problems for consumers, it can act against a company if it sees a pattern of possible law violations.Back
to Credit Rating Questions
If you've ever applied for a charge account, personal loan, insurance, or job, there's a file about you. This file contains information about where you work, live, how you pay your bills, and whether you've been sued, arrested, or filed for bankruptcy.
Companies that gather and sell this information are called Consumer Reporting Agencies (CRAs). The most common type of CRA is the credit bureau. The information CRAs sell about you to creditors, employers, insurers, and other businesses is called a consumer report.
The Fair Credit Reporting Act (FCRA), enforced by the Federal Trade Commission, is designed to promote accuracy and ensure the privacy of the information used in consumer reports. Recent amendments to the Act expand your rights and place additional requirements on CRAs. Businesses that supply information about you to CRAs and those that use consumer reports also have new responsibilities under the law.
Here are some answers to questions consumers commonly ask about consumer reports and CRAs. You may have additional rights under state laws. Contact your state Attorney General or local consumer protection agency for more information.
Q. How do I find the CRA that has my report?
A. Contact the CRAs listed in the Yellow Pages under "credit" or "credit rating and reporting." Because more than one CRA may have a file on you, call each until you locate all the agencies maintaining your file. The three major national credit bureaus are:
- Equifax, P.O. Box 740241, Atlanta, GA 30374-0241; (800) 685-1111.
- Experian (formerly TRW), P.O. Box 949, Allen, TX 75013; (888) EXPERIAN (397-3742).
- TransUnion, 2 BALDWIN PLACE, P. O. BOX 1000, CHESTER, PA 19022; (800)888-4213.
In addition, anyone who takes action against you in response to a report supplied by a CRA--such as denying your application for credit, insurance, or employment--must give you the name, address, and telephone number of the CRA that provided the report.
Q. Do I have a right to know what's in my report?
A. Yes, if you ask for it. The CRA must tell you everything in your report, including medical information, and in most cases, the sources of the information. The CRA also must give you a list of everyone who has requested your report within the past year--two years for employment related requests.
Q. Is there a charge for my report?
A. Sometimes. There's no charge if a company takes adverse action against you, such as denying your application for credit, insurance or employment, and you request your report within sixty days of receiving the notice of the action. The notice will give you the name, address, and phone number of the CRA. In addition, you're entitled to one free report a year if (1) you're unemployed and plan to look for a job within sixty days, (2) you're on welfare, or (3) your report is inaccurate because of fraud. Otherwise, a CRA may charge you up to $8 for a copy of your report.Q. What can I do about inaccurate or incomplete information?
A. Under the new law, both the CRA and the information provider have responsibilities for correcting inaccurate or incomplete information in your report. To protect your rights under this law, contact both the CRA and the information provider.
First, tell the CRA in writing what information you believe is inaccurate. CRAs must reinvestigate the items in question--usually within 30 days--unless they consider your dispute frivolous. They also must forward all relevant data you provide about the dispute to the information provider. After the information provider receives notice of a dispute from the CRA, it must investigate, review all relevant information provided by the CRA, and report the results to the CRA. If the information provider finds the disputed information to be inaccurate, it must notify all nationwide CRAs so that they can correct this information in your file.
When the reinvestigation is complete, the CRA must give you the written results and a free copy of your report if the dispute results in a change. If an item is changed or removed, the CRA cannot put the disputed information back in your file unless the information provider verifies its accuracy and completeness, and the CRA gives you a written notice that includes the name, address, and phone number of the provider.
Second, tell the creditor or other information provider in writing that you dispute an item. Many providers specify an address for disputes. If the provider then reports the item to any CRA, it must include a notice of your dispute. In addition, if you are correct--that is, if the information is inaccurate--the information provider may not use it again.
Q. What can I do if the CRA or information provider won't correct the information I dispute?
A. A reinvestigation may not resolve your dispute with the CRA. In that case, ask the CRA to include your statement of the dispute in your file and in future reports. If you request, the CRA also will provide your statement to anyone who received a copy of the old report in the recent past. There usually is a fee for this service.
If you tell the information provider that you dispute an item, a notice of your dispute must be included anytime the information provider reports the item to a CRA.
Q. Can my employer get my report?
A. Only if you say it's okay. A CRA may not supply information about you to your employer, or to a prospective employer, without your consent.
Q. Can creditors, employers, or insurers get a report that contains medical information about me?
A. Not without your approval.
Q. What should I know about "investigative consumer reports?"
A. "Investigative consumer reports" are detailed reports that involve interviews with your neighbors or acquaintances about your lifestyle, character and reputation. They may be used in connection with insurance and employment applications. You'll be notified in writing when a company orders such a report. The notice will explain your right to request certain information about the report from the company to which you applied. If your application is rejected, you may get additional information from the CRA. However, the CRA does not have to reveal the sources of the information.
Q. How long can a CRA report negative information?
A. Seven years. There are certain exceptions:
- Information about criminal convictions may be reported without any time limitation.
- Bankruptcy information may be reported for 10 years.
- Information reported in response to an application for a job with a salary of more than $75,000 has no time limit.
- Information reported because of an application for more than $150,000 worth of credit or life insurance has no time limit.
- Information about a lawsuit or an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer.
Q. Can anyone get a copy of my report?
A. No. Only people with a legitimate business need, as recognized by the FCRA. For example, a company is allowed to get your report if you apply for credit, insurance, employment, or to rent an apartment.
Q. How can I stop a CRA from including me on lists for unsolicited credit and insurance offers?
A. Creditors and insurers may use CRA file information as a basis for sending you unsolicited offers. These offers must include a toll-free number for you to call if you want to remove your name and address from lists for two years; completing a form that the CRA provides for this purpose will keep your name off the lists permanently.
Q. Do I have the right to sue for damages?
A. You may sue a CRA, or a user or provider of CRA data, in state or federal court for most violations of the FCRA. If you win, the defendant will have to pay damages and reimburse you for attorney fees to the extent ordered by the court.
Q. Are there other laws I should know about?
A. Yes. If your credit application was denied, the Equal Credit Opportunity Act requires creditors to specify why, provided you ask. For example, the creditor must tell you whether you were denied because you have "no credit file" with a CRA, or because the CRA says you have "delinquent obligations." The ECOA also requires creditors to consider additional information you might supply about your credit history. You may want to find out why the creditor denied your application before you contact the CRA.
Q. Where should I report violations of the law?
A. Although the FTC can't act as your lawyer in private disputes, information about your experiences and concerns is vital to the enforcement of the Fair Credit Reporting Act. Send your questions or complaints to: Consumer Response Center – FCRA, Federal Trade Commission, Washington, D.C. 20580.
For More Information
A FICO score is a generic term for a credit bureau score and specifically refers to the score derived from the FICO statistical model. A credit bureau score measures the relative degree of risk a potential borrower represents to the lender or investor. Each of the three credit bureaus have their own method, or statistical model, for calculating scores. The bureaus rely exclusively on their own data for calculating scores. The credit bureaus and their respective models are:
Few aspects of both consumer and real estate financing have come under as much written and verbal gunfire as has the credit reporting industry. The skyrocketing volume of credit transactions has put a tremendous strain on credit reporting agencies which deal with millions of requests for information daily.
As a result, a recent report to the U.S. Congress stated that as many as 40% of individual credit histories contain errors of some kind. A single missed keystroke by a data entry clerk, for example, can assign a delinquent account to the wrong file. Corrective information submitted by an individual can be misrouted or entered erroneously.
Our economy could not function without credit reporting. We need it to make purchases both large and small, to enable retailers to accept our checks, to obtain loans for homes, cars or college education. It is necessary for corporations to manage their cash flow for the overall benefit of the economy, and for us as individuals to manage our own finances.
For all these reasons, we must be vigilant about the accuracy of our credit reports. We need to know what goes into them, how to read them, how they are used and how to challenge errors when they occur.
While credit might have once been a private matter between oneself and one's banker, this is no longer the case. Every purchase we make on credit creates a record somewhere and these records flow into the huge databases from which our credit histories are constructed. Those histories, in turn, are used by nearly all credit grantors to determine how reliable we are in the use of credit, and to decide whether or not to extend it to us.
One way to fix an error is to contact the creditor reporting it. If you can get the creditor to agree that what was reported is an error, have them give you that information in writing, plus agree to report the updated information to the bureaus.
The Fair Credit Reporting Act gives you the right to dispute both the accuracy and completeness of your credit history. Any of the three credit reporting agencies must respond to your dispute. They must reinvestigate and record the results of their investigation "within a reasonable period of time." While this period remains undefined, practice indicates it means thirty days. If you don't get results within thirty days, have your attorney send the bureau a letter, together with copies of your correspondence.
If the reporting agency cannot verify a disputed entry, it must delete it. If the information is incomplete, they must complete it. For example, if you were temporarily delinquent on an account, and then brought it current and the agency's report does not reflect that, they must correct your record. Also, should your file show someone else's account (this sometimes happens with "junior-senior" relationships or with common names) the agency must delete it.
At your request (be sure you do request it) the agency involved must send a notice of correction to anyone who has received your credit report within the last six months.
In the
event that some unforeseen misfortune resulted in a cluster of late
payments in your record, you may send a short statement about the circumstances
to each of the agencies. You may wish to report illness, unexpected
unemployment, the death of a spouse, military call-up, or unexpected
medical expenses. Be brief and to the point. No whining. This statement
will be added to your file and will be disclosed whenever your credit
file is accessed.
* Laws in your state may forbid a creditor from collecting from a cosigner without first trying to collect from the primary debtor.
Cosigners Often Pay
Studies of certain types of lenders show that for cosigned loans that go into default, as many as three out of four cosigners are asked to repay the loan. When you're asked to cosign, you're being asked to take a risk that a professional lender won't take. If the borrower met the criteria, the lender wouldn't require a cosigner.
In most states, if you cosign and your friend or relative misses a payment, the lender can immediately collect from you without first pursuing the borrower. In addition, the amount you owe may be increased by late charges or by attorneys fees if the lender decides to sue to collect. If the lender wins the case, your wages and property may be taken.
If You Do Cosign
Despite the risks, there may be times when you want to cosign. Your child may need a first loan, or a close friend may need help. Before you cosign, consider this information:
For More Information
The easiest way to avoid PMI is to make a cash down payment of 20 percent or more. Potential sources of additional cash include:
The Federal Government passed a private mortgage insurance (PMI) reform law, effective July 29, 1999. Known as the Homeowners Protection Act of 1997, the new law amends the Federal Truth in Lending Act and could save some homeowners more than $1,000 a year in PMI payments.
The key provision in the new law forces most lenders to automatically cancel PMI when a homeowner pays down their mortgage balance to at least 78 percent of the home's original purchase price. Home owners also may apply to have the insurance removed when the mortgage balance drops to 80 percent of the original value. The appraised value may be determined by the original, or a new appraisal. Both provisions require that the borrower be current with their mortgage payments.
PMI reform not for all:
Only loans written July 29, 1999 or later are covered by the new law, and the small print in many other mortgages could preclude still more consumers from canceling PMI.
If you have questions about PMI cancellation policies, contact your mortgage company.
Back
to Insurance Questions
As a buyer of real estate, you want the assurance that the property you are buying will belong to you and be marketable--that there are no hidden interests in the property which will interfere with its use and ultimate disposition.
The written, public record of ownership of a particular piece of real property is critically important, but not sufficient in determining its ownership. In investigating the ownership of a parcel of property, one could trace the "paper chain of title" back to the original conveyance from the government. The chain of title, however, wouldn't readily reveal incomplete or erroneous shortcomings--forgery, or the mental incompetence of a grantor, for example. Title insurance was developed to help provide compensation for certain faulty guarantees and to assure marketable title.
How
does title insurance differ from other types of insurance?
Title insurance is different from other types of insurance in that it
protects you, the insured, from a loss that may occur from matters or
faults from the past. Other types of insurance such as auto, life or
health cover you against losses that may occur in the future. Title
insurance does not protect against any future faults. Another difference
is that you pay a one-time premium. A title insurance policy will protect
you from risks or undiscovered interests. Once purchased, title insurance
remains in effect for as long as you own your property.
Standard
Policy
The standard policy of title insurance protects real property owners
against items on- and off-record. Off-record risks include forgery,
lack of capacity to enter into a transaction (incompetence or improper
authority), impersonation, failure to properly deliver the deed, etc.
The policy holder is NOT protected against title defects known to the
policy holder on the date of issuance of the policy.
American
Land Association Policy (ALTA for lenders).
This policy was developed to provide additional coverage to lenders
who could not physically inspect the property without incurring great
expense. It includes the risks associated with the rights of parties
in physical possession, patent reservations, recorded notices of zoning
enforcement, and unmarketable title.
Extended
coverage (ALTA Owner's Policy)
This is a policy that gives buyers or owners the same protection that
the ALTA policy gives to lenders.
Back
to Insurance Questions
Flood Insurance
The National Flood Insurance Program (NFIP) defines flooding as "a general and temporary condition during which the surface of normally dry land is partially or completely inundated. Two adjacent properties or 2 or more acres must be affected." According to NFIP's definition, flooding can be caused by any one of the following:
Flood insurance is a special policy backed by the federal government, with cooperation from local communities and private insurance companies. More than eighteen thousand communities have agreed to stricter zoning and building measures to control floods. Residents in these communities are entitled to purchase flood insurance through NFIP. (Those who own property in certain coastal barrier areas are excluded from the federal program.)
About two hundred insurance companies, possibly including the company that already handles your homeowner's or auto insurance, write and service the policies for the government, which finances the program through premiums. The average flood policy premium is about $350 a year; some people in low-risk zones can obtain flood insurance for as little as $106 a year.
Even though flood insurance is relatively inexpensive, most Americans are unprotected against flood loss. According to the Federal Insurance Administration, of the approximately ten million households in so-called Special Flood Hazard Areas - the most vulnerable to flood - no more than a quarter are covered by flood insurance. Yet in these special hazard areas, flooding is twenty-six times more likely to occur than a fire over the course of a typical thirty year mortgage.
