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A New Report for Liens and Judgments

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A New Report for Liens and Judgments

As a follower of the HOPE4USA Credit Blog you are already aware of the massive credit reporting changes which are on the horizon. The 3 credit reporting agencies have announced that on July 1, 2017 they will be removing the vast majority of judgments and about half of the tax liens from their consumer credit reports in an effort to comply with the National Consumer Assistance Plan (NCAP). (You can read more about that announcement and what it means for consumers here.)

The removal of so much negative public record information is slated to quickly improve the credit scores of millions of Americans. Many consumers are understandably excited about the forthcoming credit reporting changes. Lenders, however, have been much more apprehensive.

Why Lenders Are Nervous about the Change

The new credit reporting policy, greatly anticipated by many consumers, is actually quite worrisome for lenders. Lenders depend upon credit report data and, by extension, credit scores to help predict risk - the risk of doing business with new applicants. In order to remain profitable lenders cannot issue loans to people who are unlikely to pay back those loans plus the agreed upon interest according to the terms of their agreements.

Public records, like judgments and tax liens, on credit reports and the impact which those public records have upon a consumer's credit scores serve the purpose of helping lenders to predict risk more accurately. In other words, the data helps lenders be more profitable. Since lenders are in business to make a profit, just like everyone else, any tool which helps them to achieve that goal is greatly valued. The removal of so much tax lien and judgment data from credit reports will make an important lender tool (traditional credit reports and credit scores) much less effective.

According to LexisNexis, borrowers with a judgment or tax lien filed against them are twice as likely to default on a loan when compared to consumers without these challenges. Additionally, these same consumers are believed to be 5 and 1/2 times more likely to enter into pre-foreclosure or foreclosure when compared with borrowers who do not have judgment or tax lien records. If you can put yourself into a lender's shoes for a moment then you can understand how the sudden inability to access this predictive information would be unsettling.

Introducing LexisNexis RiskView Liens & Judgments Report

In answer to this newly created need in the lender marketplace, Innovis (sometimes referred to as the 4th national credit reporting agency) has announced a partnership with LexisNexis® Risk Solutions. The 2 companies will be combining their efforts and resources to offer the LexisNexis® RiskView Liens & Judgments Report.

According to LexisNexis the new product will offer lenders "uninterrupted access to...lien and civil judgment data." The new report is being advertised as 99% accurate, with a nationwide network of court runners delivering the most current public record data available. Furthermore, LexisNexis states that the new report, available in July of 2017, will be fully FCRA compliant and will feature a "robust dispute resolution process to help consumers report and correct inaccurate information." Of course, whether or not this so-called "robust" dispute process will improve upon the currently problematic dispute processes in place with most of the consumer reporting agencies remains to be seen. Regardless, the report is being marketed to lenders as a solution to fill the hole which will be left by the removal of so much public record data from traditional credit reports.

Significance for Consumers

At this point predictions are purely speculative of course, but chances are high that a significant number of lenders may choose to take advantage of the new RiskView Liens & Judgments Report. The report has the potential to improve a lender's ability to predict risk. As such, consumers who may have been anticipating that the removal of certain public record information from their credit reports might solve all of their problems may be in for a bit of a letdown. Yet the news is not all bad for consumers either as they will be able to look forward to all of the following:

  • Most judgments and about 1/2 of the tax liens are still going to be removed from the credit reports produced by Equifax, TransUnion, and Experian in July of 2017.
  • The removal of public record information could very likely result in a credit score increase. A consumer may need to pay off a public record in order to qualify for a loan (or for a number of other reasons) of course, but an increase in credit scores could still lead to a number of financial benefits.

To summarize, the removal of a judgment or tax lien is not going to suddenly erase all of a consumer's credit and financial problems, but it is still a small victory for the consumer nonetheless. Additionally, although the details have not yet been released, consumers should have access to a copy of this new liens and judgments report as well as a right afforded to them under the Fair Credit Reporting Act (FCRA). Once the reports are made available it would be wise to request and review your own report to monitor for the errors which are unfortunately far too common among consumer reports. 






charlotte-nc-credit-expert

Michelle Black is an author and leading credit expert with a decade and a half of experience, a recognized credit expert on talk shows and podcasts nationwide, and a regularly featured speaker at seminars across the country. She is an expert on improving credit scores, budgeting, and identity theft. You can connect with Michelle on the HOPE4USA Facebook page by clicking here.


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Coming Soon: A New Credit Score Boost for Millions of Americans

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Coming Soon: A New Credit Score Boost for Millions of Americans

Arguably the biggest change to impact credit reporting (and by extension credit scoring) in decades will be going into effect within just a few months. In July of 2017 the 3 major credit reporting agencies (CRAs) - Equifax, TransUnion, and Experian - have announced that they will remove a significant number of the tax liens and judgments which are currently appearing on consumer credit reports. The pending removal of these derogatory public records could potentially boost credit scores for millions of Americans.

Reasons Behind the Change

There is nothing illegal about a credit reporting agency placing a judgment or a tax lien on your credit reports as long as they comply with the law. Of course if incorrect information is reported (i.e. wrong balance, incorrect dates, a public record which is not yours) that is another story all together.

It is important to understand that the Fair Credit Reporting Act (FCRA) absolutely allows for certain types of accurate public record information to appear on credit reports. Judgments have an FCRA requirement to be removed after 7 years and paid tax liens fall under the same 7 year removal requirement. According to the FCRA unpaid tax liens never have to be removed from credit reports, making them currently one of the most difficult credit problems for a consumer to overcome. However, in July this previously massive credit reporting problem is going to simply vanish from the credit reports of many American consumers.

As already mentioned, there is no FCRA requirement to remove public records such as tax liens or judgments from credit reports unless they have been reporting longer than is legally allowed. What then would prompt such a massive change in credit reporting procedure by Equifax, TransUnion, and Experian? The answer is regulatory concerns.

According to a statement released by the Consumer Data Industry Association (the trade organization of the credit reporting agencies), interim president Eric Ellman attributes the changes in credit reporting procedures as being part of the National Consumer Assistance Plan (NCAP). The NCAP was created after the 2016 settlement between the CRAs and 31 different state attorneys general. (Initially the settlement was reached between the CRAs and the New York Attorney General. You can read more about that first settlement here.)

Per Ellman, as a result of the NCAP the credit reporting agencies " have developed enhanced public record data standards for the collection and timely updating of civil judgments and tax liens." These new standards include a requirement for "a minimum of consumer personal identifying information (PII)" such as a consumer's name, address, social security number and/or date of birth to be verified in order to include public record information on a consumer's credit reports. Additionally, a minimum frequency of courthouse visits (specifically at least every 90 days) to update public record information is required under the NCAP. Most of the tax liens and judgments currently appearing on consumer credit reports do not meet these standards set forth in the NCAP and, as a result, will be removed from credit reports altogether in a few short months.  

What the Change Means for Consumers and Lenders

FICO credit scores, the chief credit score brand currently used by most lenders, are designed to consider public records such as tax liens and judgments whenever a consumer's credit scores are calculated. When the aforementioned public records are present a consumer's credit scores are normally impacted negatively. As a result, when the CRAs remove a public record (or multiple public records) from a consumer's credit reports the consumer's credit scores are almost certain to move upward, perhaps significantly. Translation: up to 12 million Americans could potentially see an immediate increase in their credit scores this summer when the majority of tax liens and judgments are removed from credit reports.


up to 12 million Americans could potentially see an immediate increase in their credit scores this summer when the majority of tax liens and judgments are removed from credit reports.

Lenders are understandably troubled regarding the pending change in credit reporting procedures when it comes to public records. After all, lenders rely heavily upon both credit reports and credit scores to predict the risk of doing business with new applicants. Removing tax liens and judgments from credit reports will lead to credit score increases for many consumers, making it more difficult for lenders to accurately evaluate the credit risk of new prospective customers.

Many consumers, on the other hand, are thrilled by the prospect of the upcoming change which could lead to higher credit scores. Of course it is important for these consumers to remember that the removal of a tax lien or judgment from a consumer's credit reports does not make the issue simply go away.

Consumers applying for a mortgage, for example, will probably not be off the hook when it comes to unresolved tax liens and judgments. Although a tax lien or judgment may no longer be appearing on the applicant's credit reports that does not mean that the items will not show up when the lender performs a public records search of its own. Lender requirements to pay outstanding judgments or tax liens (or at least enter into an acceptable payment plan) are not going to change because the public records may be removed from the credit reports. The removal of these items from credit reports could certainly help to bring about a credit score improvement, but that does not mean a legitimate judgment or tax lien would no longer be owed.







michelle-black-credit-expert

Michelle Black is an author and leading credit expert with a decade and a half of experience, a recognized credit expert on talk shows and podcasts nationwide, and a regularly featured speaker at seminars across the country. She is an expert on improving credit scores, budgeting, and identity theft. You can connect with Michelle on the HOPE4USA Facebook page by clicking here.


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