Recently, I have been bombarded by Credit Repair Companies promising to increase by borrowers credit scores. These sometimes, Law Firms, are offerring me an Affiliate Fee for my referral of clients. The fees range anywhere from $35.00 to $300.00.

Likely, you are being marketed to as well. Let me give you some references and experience. All citizens of the US are protected under the FTC - Federal Trade Commission. There are clear laws and guidelines about credit reporting and strick laws governing Credit Repair, Debt Managment companies. Take a look at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre03.pdf

This is a PDF that you can print or email to clients regarding their own credit repair and things to watch out for with these companies. What is legal and what is not. First of all, they have to perform their service within 6 months of the time that you sign any contract. Second, they cannot collect or charge you any fees without performing their promised service.

Third, no one can change your credit score!! No one can have stuff deleted off of your credit report. Only you can do that for yourself. Under the law, it is illegal to have legitimate items removed off of your report, even if they are negative. I recently saw a company promising to remove Short Sales and Foreclosures off of reports. Sorry, no can do. Only the lender can do that, it just won't happen.

So if you are referring your precious clients that you worked hard to obtain and maintain. Don't send them to the sharks to be eaten alive!! Remember, upfront fees, membership fees, lump sum fees, all illegal. The FTC is busy these days and likely understaffed to keep up with regulating these clowns that are finding a new way to take advantage.

If you want to help your customers, download the PDF and show compassion and guide them to repair their own credit. They are likely to get more results on their own for free than anyone else can.

 
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23 Comments on Are you being marketed to by loan officers to Repair Credit for Clients? Watch Out!!

AUG
01
2008
423,263 Points 2 Featured Posts Localism Sponsor Outside Blog
Interesting post. I was?thinking we were being bombarded as agents because so many of us are loosing personal homes. I think now they want us to recommend their services
10:23am • #1

I don't know why my blog came out this way, I tried to edit and will get help on my next post. You just have to proceed with caution. I am not even sure if paying for a referral on this is legal.

10:27am • #2
156,592 Points 7 Featured Posts Outside Blog

I will not allow a loan officer who works with me to REPAIR the credit of any client who does not deserve it. To be fair... if your credit was hurt because of a bad accident or hospital bills, etc...I am all for repair. If you chose to blow off your debts...you earned your bad credit...live with it until you can get your bills in line!

10:32am • #3

The credit report agency we use has offered a credit repair service for years.  Last year they really started pushing it on us.  On Monday we received a corporate email that said we were NOT to utilize the credit repair service they offered and loans using an artificially inflated credit score would be declined. 

If i have borrowers who are "borderline" approvable but have some credit issues due to a bankruptcy, divorce, or other legitimate excuse, I will offer to work with them to write letters to the credit reporting agencies to dispute accounts or get information corrected.  I have had 3 borrowers this year whose scores increased by 25+ points by doing this.  The information we disputed or had updated were usually accounts that were included in a bk that were showing as charged off or collection.  It pays as a loan officer to work with borrowers who are "borderline" as it creates loyalty to you.

11:04am • #4

Absolutely!! I advise my clients on how to right letters too. They can do this stuff themselves with your assistance. Be careful not to promote your expertise though, even for free. You could be considered a Credit repair company and be held liable for doing business without a license.

Unless you are a bank or lender insured by the FDIC you could catch some heat. Never charge directly for your help and always communicate that you are not a licensed org and simply giving consultation for the purpose of obtaining a mortgage. Seems obvious, but you have to be careful. Here is a guide from the ftc for you to give clients.

 http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre03.pdf 

11:55am • #5

There isn't much blowing off of any debt any longer. The new bankruptcy laws have changed all of that. You have to pass a means test to determine whether you can file a chapter 7 or not.

I can't see myself determining who deserves what, in regards to credit repair. I've been a loan officer and foreclosure prevention specialist for far to long and heard a quite a number of stories to make those judgements about other peoples lives.           

   

 

12:16pm • #6

Hi Julia,

  Federal law does not require work by a credit repair company to be completed within six months.  I believe you might be mistaking that for certain state laws that have requirements, I.E. California requires you to not work on a file longer than six months.

  So to clarify, if the credit repair company is located in California and is NOT exempt from the Credit Services Act of 1984, CA Civil Code Section 1789.10-1789.26, they are not allowed to work on a file for more than 6 months AND must have a $100,000 bond issued by an admitted surety and the bond shall be in the favor of the State of California for the benefit of any person who is damaged by violations of said act.

12:46pm • #7

Okay, thanks for the clarification on the 6 months, I follow you there. But can you please show me within this document http://www.ftc.gov/os/statutes/031224fcra.pdf  which is the FCRA where a foreclosure or short sale would be removed fromt the credit report, I am not finding it. Thanks!

12:52pm • #8

Hi Julie,

  You won't find specific labels of derogatory items like "Short Sale".  As you know, the FCRA is the act that protects consumers on accuracy of data.  Any derogatory tradeline must be accurate and verifiable for it to remain on a credit report. 

  Short Sales, Foreclosures, etc are all required to be reported accurately just like a collection or late payment.  Send me a message offline and I can show you many examples of public records being removed from credit reports.  Don't want to advertise in your blog :)

12:59pm • #9

Sorry, it didn't keep me logged in.

1:02pm • #10

Well here is my beef. Many companies are advertising directly to realtors that they can take their Short Sale customers and wipe em clean in 6 months for an upfront fee or membership. Is this a fair offer in your opinion. You are likely one of the good guys, no doubt. I will forward to you a recent offer that I would like your opinion on if you can.

1:05pm • #11

Well I can tell immediately that the company is violating the Federal CROA for deceptive advertising and false claims.  No company can guarantee the removal of any derogatory item, however they can offer a money back guarantee or warranty.  I.E. if we are not successful you get a refund.

Where the company may be able to help get a short sale removed, that will not happen 100% of the time, therefore advertising it like that is not wise and the company most likely will not be around long term.

Upfront fees, if they are not exempt from the CROA, then that is illegal.  However, upfront fees and setup fees with a monthly service charge for work done the previous month are two different things.  One is legal, one is not.

Definitely shoot me the offer you have received.  Being a founder of the National Association of Credit Services Organizations, nacso.org, we investigate all claims of this industry to help self regulate.

1:10pm • #12

I just emailed it to you. It is a video marketing to realtors. They will pay me a Affiliate fee, am not that broke yet to be interested. I don't like it and think that it is deceptive and look forward to your response. If you agree it is deceptive, I hope that you can do whatever you can to let this community know about.

1:13pm • #13

Thanks for the video. I agree with you about the advertising is a bit deceptive.

1:37pm • #14
AUG
12
2008

I have been approached by several credit repair companies, thanks for the heads up.

10:56pm • #15

Michael, just catching up. I really haven't gotten much further on this, other than finding that this new, no doubt needed market, is a bit overwhelming. We, as a country, are obviously all in need of a little credit repair. But where does it make sense? I do my own repair with clients with my credit provider. I usually submit items that are incorrect or disputed and generally see results immediately.

what I am concerned about is the level of (need I say sharking) in the business. Yes, there is Rapid Rescore, we all know of services in the like that do changes. Am I a lawyer? No, do I need to be? Maybe, cause these sleeze bags are making a fortune!!! And for what? Anyways, my whole issue is, keep your clients close and be careful who you refer them to for credit repair, when they may, or you may, have the resouces to move those mountains yourself!!

11:26pm • #16
384,384 Points 3 Featured Posts Outside Blog

Julie: This is very interesting.. I have not seen this in our area yet.. Thanks for the heads up

11:26pm • #17

Your Welcome, I have learned that Credit Repair Companies do have longer to fulfill there obligations beyond 6 months. So a person can be committeed to a contract for a long term. Watch out for that! Any repair, really can be done by the customer, themselves, within 30 to 90 days for free. Wouldn't it be great if the media would educate people on that instead of hollywood, and actually teach people something?

11:35pm • #18
AUG
13
2008

The media doesn't know the first thing about the credit model.  I was discussing a very similar thing over lunch today.  The credit system is one of the biggest successes for the creators, simply because it's been around for decades and even today, most people have no idea how it works.

Most advice given is bad advice.

I had a lady tell one of my staff today that they were advised to not engage in credit repair and pay all their debts off.  They were then told that it would take about a while for their scores to improve because of it and they should lease for about a year to see what happens.

I get very frustrated at the lack of the knowledge so called "professionals" that are out there. 

Most advice given is bad advice.

Dominic
12:39am • #19

Bad Advice!

What to do? Are you the same Dominic that advised/supervised this blog, thus far? If so, Hello. Can we come up with a consumer resolution, or real tangible tips that they can use? Everyone is in need of it. I used to underwrite loans before credit scores, so I am, admittedly, an o'l uw. Shh.  I may be showing my age. Anyhow, it is difficult. In my opinion, if lender requirements are becoming stricter, in regards to tier level fico score pricing, than, we really need to allow for credit explanation letters again and such. Do you remember that?

1:04am • #20

The best advice is to partner up with a credit repair company that you can trust.  There are a lot of them so pick a proven company and stick with them.  I understand that many of you have been solicited by numerous companies, so here is what you can do to see if they are any good

1) They MUST have a website.  Do a whois on the company's website to see when it was registered

2) Check to see if they are a member of the National Association of Credit Services Organizations, nacso.org.  This is a new organization, so the company, if newer, may not have heard of it.  I get several emails a day for NACSO membership, so encourage the company to become a member.  If the company is legit, they should have no problem complying with the membership requirements outlined in http://www.nacso.org/soe.php

3)  Check if they have more than one employee and a physical location

4)  Do their clients have the ability to login?  Do you have the ability to track the progress of your clients?

5)  When you call their main number, do you hear a nice professional greeting, or is it answered "Hello"?

These are just a few items on a list to know if the company that is soliciting you is a good one.

My advice, is and always will be, let the professionals handle credit situations.  But I'm afraid this advice may contradict your opinion of the industry :)

8:45am • #21
AUG
26
2008

I have recently gotten many of the same "marketing calls" from credit repair company's.  I have actually started referring my clients who would be a good candidate to one of them that seemed to be the most legit.  So far I haven't gotten too much to report as I just started referring and it hasn't been enough time to get their scores up by correcting anything, but thanks for your article and I'll be on the defensive!  As soon as I get one to application I'll let you know!

Dan Litvin www.AdvantageLendingCorp.com

11:47am • #22

Check to see if they are a member of NACSO.

11:55am • #23

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Julie Hite

West Bloomfield, MI

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Guaranteed Home Mortgage Company, Inc.

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