Defense Attorneys for Credit Criminals

lady justiceA recent post by Richard Smith brought forth thought provoking questions regarding the the validity and ethics of the newest generation of CREDIT REPAIR attorneys. Smith asks when credit repair crosses the line of ethics, and becomes the falsification of a credit report.

 

I prefer to take another angle on the subject. For years creditors have been able to label a consumer a “credit criminal” without the due process that is afforded to people being accused of crimes. While the American way has always been one of a “presumption of innocence” this is not only not the case with credit reporting, but often times credit problems can become a complete and utter nightmare for a consumer.

 

Today, more than ever, credit matters. Not only for the extension of credit, but for obtaining insurance, and employment as well. Insurers are using a consumers inability to pay a medical bill as a reason to charge more for insuring their home or automobile as if this raises the likelihood of an accident or fire. Does this make sense?

 

There are many rules regarding the reporting of derogatory credit items that creditors simply do not properly adhere to. The function of the credit repair attorney is to UNCOVER those rules not adhered to, and when a creditor has not followed the correct steps, force the creditor to remove the derogatory information. IS THIS LEGAL? MORE IMPORTANTLY IS IT ETHICAL?

 

My sincere belief is ABSOLUTELY. While we all find it reprehensible when a criminal is set free on a technicality, most of us understand that those few and far between cases make the overall criminal process in America one that is the best in the world. It forces prosecutors and police to follow a set of rules that takes into account the rights of the accused. This system ensures we as citizens do not fall prey to an overzealous or oppressive government.

 

The same can hold true with regard to credit reporting. For years the credit industry has gone unchecked when reporting derogatory information regarding a consumer. Because this type of practice is relatively new, there will be times when legitimately reported adverse credit information ends up deleted. Is this fair? Perhaps not, but some consumers actually DESERVE a second chance. For example, there are people who had an isolated period of instability which caused credit problems.

 

Some people will go on after credit repair to establish a positive pattern of credit habits, and probably contribute more to our economy than they would have if hampered by poor credit.

Others will have not learned their lesson and will go and ruin their credit again. These people will not benefit much from credit repair firms in the long run.

 

Perhaps there will be cases where after credit repair, a consumer obtains new credit, only to default immediately. These are added risks to creditors, but in the overall scheme of things, the risk is still relatively low. I think we should give people the benefit of the doubt. People who are willing to invest the time and money into repairing their credit are probably more likely the continue to work hard to preserve their newly acquired credit rating. The last thing we need is to have the creditors lobby the government that we need some sort of new regulation on this matter.

Ralph D. Nudi

Weichert, Realtors Unum Properties

Kenosha, WI

http://RalphNudi.com

http://UnumProperties.com

 

Ralph is a co-owner of Weichert, Realtors – Unum Properties in Kenosha, WI. Ralph is an expert in Kenosha Real Estate market. In addition to publishing articles on the Kenosha Housing Market and Kenosha landmarks and interesting articles regarding Kenosha Homes, Ralph is also a leading REO agent in Kenosha County and has specialized in pre-foreclosure and short sale homes for several years, closing over 100 short sale transaction in the last 24 months.

 

Ralph D. Nudi

CEO

Success Realtors

 

Comment balloon 6 commentsRalph Nudi • July 22 2008 09:57PM

Comments

Not sure how I feel about this one.  I don't want to see people with bad credit keep getting more credit - it is bad for them and bad for those of us footing higher bills in return.  I do think that probably 70% of people who work to repair their credit will work to keep it good.  Its that other 30% I'm worried about.

Posted by Lisa Friedman, Central New Jersey Real Estate (Alliance Realtors) about 10 years ago

Lisa,

If we assume your numbers are right, the 70% deserve the break. Also their contributions to our economy through the use of credit will outweigh the damage by the other 30%.  However I believe the numbers to be closer to 95/5

Posted by Ralph Nudi, "YOUR success IS our success" (Success Realtors brokered by eXp Realty) about 10 years ago

Ralph

Good topic for a post. There are so many credit repair people out there it is nuts. Your post was a greast red.

WE should sign up as associates under each other.

Thanks

Tommy

Posted by Tom Braatz Waukesha County Real Estate 262-377-1459, Waukesha County Realtor Real Estate agent. SOLD! (Coldwell Banker) about 10 years ago

Credit companies label people as "credit criminals"? Seriously? They actually use those terms?

And they have no governing authority? Now THAT is unbelievable!

Posted by Lisa Hill, Daytona Beach Real Estate (Florida Property Experts) about 10 years ago

Ralph, I agree with you on this one. Unfortunately consumers do not have much access to how and why credit works the way it does (which is a whole sour spot in and of itself), there are way too many people that take advantage of that ignorance. People have to be wary. There should be rules and guidelines in place to make it much more friendly for the consumer to fix their credit. I think however to do that it is going to take a legislative body to do it. As long as the creditors are the primary focus of the credit agencies, it is always going to be difficult.

Good post

Bo

Posted by Bo Hussung (Bell Title /Triserv LLC) about 10 years ago

Bo - government is not the answer to the problem, government is the problem

 

Everytime we get NEW legislation there are severe unintended consequences.

Posted by Ralph Nudi, "YOUR success IS our success" (Success Realtors brokered by eXp Realty) about 10 years ago

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