Posted on: 02nd Apr, 2010 04:54 pm
we fell behind on our second mortgage but had not heard anything for months from the servicer in form of collection.upon calling them(popular mortgage service inc) i was told the loan had been charged off as of 8/31/08.so i put it back on the back burner for a while.then again months went by and no contact. feb 09 comes and we get a 1099c in the mail.saying amount forgiven(full loan amount) we were not expecting 1099c's so our taxes had already been filed. when i called pmsi to ask what this was for? they told me the loan had been forgiven and the 1099c was to report the forgiven debt as income to the irs. ok fine we know we have 3yrs to file a amended return so we held onto the 1099c's and were going to file the amended 08 return with our 09 return.however in aug. 09 we get a letter from pmsi saying they sold the loan to another mortgage servicer.that servicer is in full collection.they have ignored my issue and keep talking in circles.they are now telling me the reason pmsi sent us 1099c's was not because the loan was forgiven but because it was "charged off" i may be wrong but i thought the only time a creditor could 1099c someone is when they forgive debt. anyone have any thoughts?
Hello?
Hi ksufe,
It is true that a lender/creditor will send you a 1099c form only when he forgives your debts. You should speak to your lender in this regard and clarify the issue first. If your debts has been charged off to the collection agency, then they will contact you for the payments.
It is true that a lender/creditor will send you a 1099c form only when he forgives your debts. You should speak to your lender in this regard and clarify the issue first. If your debts has been charged off to the collection agency, then they will contact you for the payments.
Thats half my problem. The new servicer is standing behind it was in"charge off" status when they purchased the debt. The previous servicer (who issued the 1099c's)won't work with me saying "If we don't own it we cannot help you"
But here I sit with 1099c's from one srvicer and collection action taking place from another.Doesn't make much sense.
But here I sit with 1099c's from one srvicer and collection action taking place from another.Doesn't make much sense.
One particular debt cannot be charged off by one lender and forgiven by another one. You need to check out as to who owns your mortgage. I agree with you that it doesn't make sense that one servicer has send you a 1099c form and one servicer has send your mortgage to collections.
All I am trying to find out is, 1. If "charged off debt is entitled to a 1099c?" Which my research and answers here say NO "charged off" debt does not get 1099c'd. And 2, The only time a 1099c is sent is when a debt is forgiven or canceled. Which also my research and answers here say YES.
If you would read my post you would see I know who owns my loan both past and present.You will also see that one servicer was behind my double status.It wasn't 1 servicer did one and one did another.PMSI told me in Aug 08 it was "charged off" Then in Feb 09 after getting 1099c's they tell us it's been canceled.They then for whatever reason? Change the status back to "charged off" and sell it to my new servicer Litton. Now PMSI won't respond to letters or even BBB complaints. Litton is hiding behind"we bought it as charged off and we are seeking collection"They have been no help in this matter.(Lets face it why would they? they have to protect there investment) I don't blame my current servicer for the mess.But they absolutely will not lift a finger to help either.I've sent them 4 written requests and received 4 lame circle talking letters that explain nothing.
If you would read my post you would see I know who owns my loan both past and present.You will also see that one servicer was behind my double status.It wasn't 1 servicer did one and one did another.PMSI told me in Aug 08 it was "charged off" Then in Feb 09 after getting 1099c's they tell us it's been canceled.They then for whatever reason? Change the status back to "charged off" and sell it to my new servicer Litton. Now PMSI won't respond to letters or even BBB complaints. Litton is hiding behind"we bought it as charged off and we are seeking collection"They have been no help in this matter.(Lets face it why would they? they have to protect there investment) I don't blame my current servicer for the mess.But they absolutely will not lift a finger to help either.I've sent them 4 written requests and received 4 lame circle talking letters that explain nothing.