Banks break the law when they report you as delinquent during COVID-19. - YouTube

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In this video I'll be talking about the Cares Act and how it could affect your credit reporting.
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Hi, I'm consumer protection attorney Bill Clanton and I've helped hundreds of consumers
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deal with debt collection, credit reporting and all kinds of other consumer related problems.
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This video is going to cover the Cares Act and how it is going to affect and can affect
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and will affect credit reporting.
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The latest news this morning was that 26 million people have lost their jobs in the last five
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weeks.
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That's one in six people who were employed before this COVID crisis started.
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So there's going to be lots and lots of unemployed people who need lots of help.
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The Cares Act was passed to help people out and in a number of different ways.
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But at the end of this video, you'll understand how the Cares Act can help you out with your
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credit report during this time.
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So the Cares Act allows...
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It applies to furnishers.
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Now in the context of the Fair Credit Reporting Act, a furnisher is a bank, creditor or other
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lender that provides information to the credit reporting agencies.
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Credit reporting agencies then report all the information provided by furnishers.
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When you dispute information with a credit reporting agency, then they forward your dispute
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onto the furnishers who do investigation.
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So there's a relationship there between furnishers and credit reporting agencies.
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The Cares Act applies to furnishers.
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Now it says that if you make a deal, you reach what's called an accommodation with one of
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your creditors, then they cannot report you as anything other than current to the credit
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reporting agencies.
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So what kind of accommodations are covered?
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Deferral of one or more payments, making it a partial payment to forebear, an agreement
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to forebear any delinquent payments, an agreement to modify a loan or contract or any other
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assistance or relief granted to you.
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It's broad in scope.
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If you have one of those deals with a furnisher, with your bank or mortgage lender or the bank
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holding your note or any other creditor, then they cannot report you as anything other than
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current.
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But the law also says that if you were not current before this COVID crisis, then they
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can report you as not current.
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If your account was charged off before this COVID crisis, then they can continue to report
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it as charged off.
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But if you were current when this started and you made a deal with your bank or other
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furnisher data, lender, bank or other creditor, then they cannot report you as anything other
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than current.
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This is great news, especially for the 26 million people who have recently lost their
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jobs.
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This will not...
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It'll keep your credit score from lowering while everybody gets this thing, this mess
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sorted out.
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This is a good thing.
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It means you can continue to apply for and get credit on better terms.
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Having a higher credit score means you get a lower interest rate.
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But here's the thing.
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Lots of furnishers, lots of banks are, well, not always 100% honest, and they're probably
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overwhelmed with 26 million claims and applications for relief.
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So what do you need to do to ensure that your credit report is reported accurately, reported
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in line with the Cares Act, that you're reporting as current when you've asked for a deferral
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or partial payment or forbearance or loan mod?
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Well, you need to get this in writing.
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If you have a telephone conversation, follow up with a email or a text message that says,
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"Per our conversation on this date, we have agreed to forebear, modify, accept a partial
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payment or give me some other relief.
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If this is not our agreement, please let me know as soon as possible."
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You can mail them a letter that has the same language, but get something in writing.
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If they don't give you something in writing, send that letter or email or text message
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so that you have some proof that you entered into a deal with them.
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If you have applied for some kind of accommodation and a furnisher is reporting your account
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as other than current, then I'd be happy to talk to you about whether or not you can make
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some kind of a claim against them.
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My number is 210-226-0800.
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I'd be happy to talk to you free of charge and see what we can do.
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Again, 210-226-0800 and thanks for watching.