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tax-lien

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. 






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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.







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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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How to Remove Federal Tax Liens from Your Credit Reports

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How to Remove Federal Tax Liens from Your Credit Reports

“Michelle, I recently paid a federal tax lien with the IRS. I am having a problem though because the IRS is still reporting the lien on my credit reports. The lien says it has been released, but aren’t they supposed to remove the lien from my credit altogether now that it has been paid? This is really hurting my credit – help!”


I receive questions like the one above on an almost weekly basis from HOPE4USA clients, Realtors, loan officers, and from Facebook followers. Typically, just because a negative item on a credit report has been paid or settled, that does not mean that the item will be removed from the credit report. The Fair Credit Reporting Act (FCRA) allows for negative items to remain on a consumer’s credit report, even if the item has been paid, until the credit reporting statute of limitations has expired. (Check out my article “How Long Will Items Stay on My Credit Report?” to see the specific statutes of limitation for different types of credit report items.) Released tax liens are able to remain on your credit reports for 7 years from the date the lien is released. Unpaid tax liens can remain on your credit reports indefinitely – yikes!


How Liens Show Up on Your Credit Reports

Thankfully, when it comes to federal tax liens there IS a way to have paid liens removed from your credit reports prior to 7 years from the release date. Before I explain how the lien can be removed from your credit, let’s take a quick look at the way tax liens show up on credit reports in the first place. It is important to understand that tax liens (federal or state) are not reported to the credit bureaus. The IRS does not notify the credit bureaus whenever a lien is placed against a consumer. However, liens are public records and the credit bureaus proactively search courthouse records and add them to consumer credit reports. 

How to Remove Paid Federal Tax Liens

In February of 2011, the IRS adopted a new policy regarding federal tax liens known as the Fresh Start Program. The new policy states that if a taxpayer will pay their bill in full, the lien will be withdrawn by the IRS once it has been paid. Eligible taxpayers may even be able to have a lien withdrawn if they simply enter into a payment arrangement call a Direct Debit Installment Agreement – wow! Of course, when it comes to a having a lien withdrawn under a payment arrangement there are a lot of rules (i.e. the lien balance must be $25,000 or less, you must have made at least 3 consecutive payments, etc.). 

Remember how I mentioned above that the credit bureaus proactively search public records and report liens on consumer credit reports? Well, the credit bureaus only choose to report filed and released liens to on consumer credit reports. If you send the credit bureaus proof that your tax lien has been withdrawn then they will remove the lien from your credit reports. 

If you are a current member of HOPE4USA with a paid federal tax lien or a federal tax lien currently involved in a repayment plan, please contact your case manager. You may be eligible to request for the lien to be withdrawn! Unsure if a tax lien is currently lowering your credit scores? CLICK HERE for a list of websites to compare where you can see a copy of your credit scores today.


HOPE4USA Credit Expert, Michelle Black

Michelle Black is an 11+ year credit expert with HOPE, the credit blogger at www.HOPE4USA.com, a recognized credit expert on talk shows and podcasts nationwide, a contributor to the Wealth Section of Fort Mill Magazine, and  a regularly featured speaker at seminars up and down the East Coast. She is an expert on improving credit scores, budgeting, and recovering from identity theft. You can connect with Michelle on the HOPE Facebook page by clicking here. 





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How Long Will Items Stay On My Credit Report?

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How Long Will Items Stay On My Credit Report?

Here is a question that myself and the other credit experts at HOPE4USA get all the time: "How long will this account remain on my credit report?" As you may know, there is a legal statute of limitations regarding how long information is allowed to to stay on your credit reports. However, the time frame is different for individual types of accounts. Here is a great cheat sheet for you to use when you are trying to determine whether a negative account has been on your report too long.

Collection Accounts:  A collection can remain on your credit for 7  years from the date of default. The date of default is generally the date that the account became 180 days past due. Please note, the 7 year time clock begins when the ORIGINAL account becomes 180 days delinquent, not when the account is sold to a collection agency. If a collection agency is illegally attempting to re-age your account or if the agency is trying to manipulate the date of initial default on your account then you have the right to dispute the account under the Fair Credit Reporting Act (FCRA).

Charge-Off Accounts: If an account on your credit reports has been charged off then the account can remain on your credit for 7 years from the charge-off date.

Bankruptcies:  Chapters 7, 11, and some chapter 13 bankruptcies (only those which have not yet been discharged or have been dismissed) are allowed to remain on your report for 10 years from the date they were initially filed. Discharged chapter 13 bankruptcies are allowed to remain on your report for 7 years from the discharge date, but that date is not allowed to exceed 10 years from the original filing date. Some credit bureaus may have policies to remove discharged chapter 13 bankruptcies 7 years from the filing date, however, that is not necessarily a requirement. 

Repossessions: A repossession should be removed from your report 7 years from the date the auto loan initially went into default.

Judgments: A judgment is allowed to remain on your report for 7 years from the date it was filed.

Tax Liens: Unpaid tax liens are allowed to remain on your credit report permanently. However, paid and released tax liens (federal, city, state, and county) should be removed from your credit reports 7 years from the date they are released. (NOTE: If you have paid a federal tax lien you may be able to have the tax lien withdrawn and removed from your report early.)

Inquiries: When someone looks at a copy of your credit report an "inquiry" is placed on your credit report. Certain types of inquiries may negatively affect your credit scores (i.e. inquiries that occur when you apply for financing for a loan, credit card, car, mortgage, etc.). These types of inquiries are allowed to remain on your report for 2 years. When you look at your own credit report this is a "soft" inquiry. It does not hurt your scores at all and it can remain on your credit report for 6 months. Finally, if your credit report was pulled for a pre-screened offer then this type of inquiry will not hurt your scores and it should be removed from your report after 6 months. Remember, you can always opt out of having your credit pulled for pre-screened offers at www.optoutprescreen.com.

You have rights! The Fair Credit Reporting Act (FCRA) exists to protect you if accounts are being reported on your credit report past the legal statute of limitations. Pull your credit report at least 1-2 times every year and if you find errors or violations you can dispute them or have a professional to dispute them for you. Remember, you may want to think twice before you dispute your accounts online as you may be agreeing to terms and conditions which do not work in your favor. 


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Michelle Black is an author, a 12+ year credit expert with HOPE4USA, the credit blogger at HOPE4USA.com, a recognized credit expert on talk shows and podcasts nationwide, a contributor to the Wealth Section of Fort Mill Magazine, and  a regularly featured speaker at seminars up and down the East Coast. She is an expert on improving credit scores, budgeting, and recovering from identity theft. You can connect with Michelle on the HOPE Facebook page by clicking here.






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