Bad Credit Services

Perhaps the best scholarship on bankruptcy is found in the books of Harvard Law Professor Elizabeth Warren.³⁰² Warren has pointed out that of the 1.66 million bankruptcies filed in fiscal year 2003, nearly 40% were by husband-wife couples, meaning that the number of people who actually filed for bankruptcy in that year was 2.14 million.³⁰³ bad credit credit creditres

Warren said that women were both the fastest growing and largest demographic group in bankruptcy. There were 1, 661, 996 bankruptcies filed in fiscal year 2003, up 7.4% from the 1, 547, 669 filings in fiscal year 2002. Since 1994, when filings totaled 837, 797, bankruptcies in federal courts have increased 98%. From 1991-95, annual bankruptcy filings hovered around 870, 000. The biggest noticeable jump occurred in 1995-1996, when they went from 874, 642 to 1, 125, 006.³⁰⁴ Interestingly, that is when credit card companies sharply escalated their use of direct marketing solicitations offering pre-approved credit card offers. It is estimated that the industry now sends out five billion unsolicited credit card applications annually. bad consolidation credit debt

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Detweiler continues to advise consumers and publish, see www.ultimatecredit.com, and www.DebtConsolidationRX.com, or for her new E-Book, www. .com ³⁰¹ Send a check or money order for $4.00 to: Secured Credit Card List BHA Customer Service, 524 Branch Drive Salem, VA 24153. Also see http://www.ftc.gov/bcp/conline/pubs/credit/secured.htm ³⁰² Warren, Elizabeth, Bankruptcy (West 2002), and, Warren and Amelia Warren Tyagi, The Two-Income Trap, (Basic Books 2003) bad company credit repair

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http://www.bankruptcyaction.com/USbankstats.htm ³⁰⁴ http://www.abiworld.org/stats/1980annual.html Many consumers who complete a bankruptcy find that bad debts that were supposed to be discharged as part of the bankruptcy are later erroneously included on credit reports. Robert Weed, an Alexandria, Virginia attorney, said he regularly must file motions in federal bankruptcy court in order to get creditors to stop reporting discharged debts and to get the credit reporting agencies to remove them. bad card credit credit

Included In Bankruptcy

A special problem arises for individuals who are co-signers, or are otherwise legally obligated for credit cards or loans, when the other co-signer files for bankruptcy. For many years, the CRAs would report such accounts as Included In Bankruptcy even if the non-bankrupt co-signer met his or her obligation and paid the bill on time. This had an adverse impact on the creditworthiness of non-bankrupt consumers. Not only did it seem to have a negative impact on their credit scores, but also major institutions like Freddie Mac, Fannie Mae, and insurance companies do an automated scan of credit reports for serious derogatory items like bankruptcy, foreclosure, or judgment. This meant that a co-signer could be denied credit for an account that he or she in fact paid responsibly. bad car credit loan

A class action lawsuit was filed over the issue in federal court in South Carolina. U.S. District Judge Cameron Currie had given preliminary approval to a settlement with all three CRAs that if adopted, would stop them from reporting the term bankruptcy to the credit reports of consumers who have not filed for bankruptcy.³⁰⁵ bad credit loan mortgage

³⁰⁵ Franklin E. Clark, et al. v. Experian Information Solutions, Inc.

: C/A No. 8:00-1217-22; www.fcraclassaction.com; Equifax had proposed allowing it to continue reporting included in the bankruptcy of another, but the proposal was abandoned after additional attorneys entered the case to object. The objectors were led by Michael Caddell, of Caddell and Chapman, Houston Texas. auto bad credit loan

Seniors

Because it recognized years ago that a host of credit reporting issues affected its members, the American Association of Retired Persons (AARP) has closely followed the FCRA and produced research and surveys on various aspects of it, and on identity theft. In his June 2003 testimony before the Senate Banking Committee, Michael W. Naylor, AARP s Director of Advocacy said, Our research does indicate a greater vulnerability of older Americans, based on the higher proportion of those age 50 years and older who report being victimized by identity theft, compared to the proportion of all age groups making such reports. ³⁰⁶ bad credit mortgage refinance

Among the myriad of problems identified by Naylor was inaccuracy caused by debt collectors. Inaccuracies can also occur when a creditor sells a delinquent account to a debt collector. Once the original creditor sells the account to a debt collector, the debt collector becomes the furnisher of information on this account to the CRAs. The main source of inaccuracy in this case results from incorrect reporting of the date of initial delinquency on the account. ³⁰⁷ bad credit refinance

In a footnote to his prepared statement, Naylor added, One concern is that debt collectors may report the date they purchased or received the account as the date of initial delinquency, even though the actual date of initial delinquency was likely much earlier. Because the FCRA stipulates that most negative information remains on a consumer credit report for seven years from the date of initial delinquency, establishing this date is important to consumers attempting to restore their credit. bad credit mortgage second

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Statement of Michael Naylor, The Growing Problem of Identity Theft and Its Relationship to the Fair Credit Reporting Act, Senate Banking Committee, June 19, 2003 ³⁰⁷ Id. Continue to Next Chapter 2005 Evan Hendricks and Privacy Times, Inc. All rights reserved. Enroll in Credit Repair About Veracity Credit Consultants Contact Veracity Full Refund Policy Veracity Site Map Privacy Statement Terms of Use bad credit loan student

Statement of Capt. John C. Harrison, U.S. Senate Committee on Banking, Housing and Urban Affairs, The Growing Problem of Identity Theft and Its Relationship to the Fair Credit Reporting Act, June 19, 2003. Harrison filed suit under the FCRA. He was represented by Chris Kittell, of Webster Gresham Kittell, Clarksdale, Miss. http://banking.senate.gov/index.cfm Fuseaction=Hearings.Testimony HearingID=43 WitnessID=177 bad card credit

But that did not end the damage to Harrison. One of the more difficult aspects was the 20-month struggle with credit bureaus and creditors. While Experian and Trans Union did a fair job, he charged that Equifax failed to obey the FCRA. bad credit financing

It took eleven months and three dispute letters to get a second report from Equifax. Further, I found the report they sent to me was not the same report they were sending to creditors. Both reports that Equifax has in their system still contain as many as fifteen fraudulent accounts, Harrison told Congress in June 2003. On his credit report, he had 17 different addresses, six different phone numbers, and a changing date of birth, he said. bad credit home loan mortgage

Credit bureaus hide behind the fact that they are only reporting what creditors tell them, while at the same time, victims are repeatedly sending affidavits, police reports, and detailed dispute letters proving the creditors are wrong. That is why it takes identity theft victims years instead of months to recover from this crime. bad credit loan people

I ve invested over 1, 100 hours of my time defending myself and working to restore my credit and banking histories. I ve filled eight notebooks with over 1, 500 pages of documentation. I can account for about $1, 500 in out-of-pocket expenses directly related to my identity theft. Higher interest rates have cost me over $4, 000. I ve been unknowingly sued by at least one of the creditors. I ve had my military retirement garnished. I m not credit worthy enough to open any new accounts and bad checks reported in my name prevent me from opening any deposit accounts with banks. bad card credit credit people

Harrison said the toughest part might be the emotional distress he suffered. He was diagnosed with Post Traumatic Stress Disorder (PTSD) and given medication. He lost his job. Harrison has filed an FCRA lawsuit, which is still pending. bad credit guaranteed loan

Sadly, even as I look back over the last twenty months and retrace my steps, I can t identify a single thing I could have done differently that may have prevented the situation I m currently in, Harrison said. bad credit refinancing

Once Again, With Feeling

Malcolm O. Radcliffe, Jr. also filed suit against three credit bureaus after he became a victim of identity theft in 1997. In November of that year, Radcliffe, an Indiana resident, received a phone call from a man who said he would soon be at Radcliffe s house to repossess his Toyota. Problem was, Radcliffe didn t own a Toyota. When he got his credit report, Radcliffe discovered that numerous accounts, totaling $57, 000, had been opened in his name by an imposter. Radcliffe spent hours writing and calling credit bureaus and creditors to dispute the fraudulent trade lines, but his credit report remained marred by inaccuracies not of his making. In some cases, the credit bureaus would verify the fraudulent data as accurate. In other cases, they would agree to delete it, only to reinsert it later. After at least 65 interactions with the credit bureaus and creditors, Radcliffe filed suit under the FCRA. In November 1999, he reached a confidential settlement with Experian, Trans Union, and CSC Credit Services.⁷⁸ bad credit equity home loan

⁷⁸ Malcolm O. Radcliffe, Jr. v. CSC Credit Services, Inc., et al.

: U.S. Dist. Ct. - Southern Dist. of Indiana (Evansville) - No. 3:03-CV-00082. Radcliffe was represented by John Waller, of Wooden McLaughlin, Indianapolis. bad credit loan payday

Less than a year later, however, more fraud-generated data had returned to his credit report. Many of the returns were collection accounts stemming from the original fraudulent accounts that were removed in the 1997 settlement. So by mid-August, Radcliffe called Experian, which again corrected his report. In late September 2000, Radcliffe informed Experian that his credit report still listed a fraud-related SSN, date of birth, and misspelled name. In October, Experian again corrected the mistakes. bad credit repair

In July of 2002, Radcliffe discovered that fraud-generated data was again on his credit reports. He tried calling Experian s 800-number, but after being on hold for 45 minutes, he grew frustrated and gave up. bad credit home loan uk

In February 2003, because of more bad data on his credit reports, Radcliffe was denied credit after making in-store applications at Banana Republic and in Parisien, a Saks store. One of the accounts on his February 2003 Experian report was a Filene s Basement account, which was first reported in 1999 and removed as part of the settlement. 2nd bad credit mortgage

In May 2003, at the age of 69, Radcliffe sued again, this time adding Equifax as a defendant, along with Experian, Trans Union, and CSC Services Corporation. It s typical for credit industry attorneys to tell a FCRA plaintiff that they really don t have much in the way of damages. John Waller, Radcliffe s attorney, did not agree with them. But he and Radcliffe knew they had a long road ahead of them to get his case before a jury. In February 2004, the 70-year-old Radcliffe finalized his second settlement. He said he hopes it s his last. bad credit loan unsecured

condemned to repeat it. - George Santayana, Life of Reason, Reason in Common Sense, Scribner s, 1905, page 284 Credit bureaus had humble beginnings. Local credit bureaus started taking shape in the late 1800s, when merchants who increasingly offered credit needed to keep track of those who failed to repay. One of the first credit bureaus was established in Brooklyn in 1860.¹³¹ bad consolidation credit loan

Equifax was founded as the Retail Credit Co. in Atlanta in 1899 by brothers Cator and Guy Woolford, who compiled credit records of the city s citizens in a Merchants Guide that they sold to local grocers for $25 a year.¹³² bad credit home loan new

Also in the 1890s, J.E.R. Chilton started to collect information on customers in Dallas, Texas. In 1906, the first national organization of credit bureaus was founded the National Association of Retail Credit Agencies. It later became the Associated Credit Bureaus (ACB); it is now known as the Consumer Data Industry Association (CDIA). ¹³¹ Cole, R.H. (1992), Consumer and Commercial Credit Management (Irwin, Homewood) bad business credit loan

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Serwer, Andy, Street Life: Credit Bureaus Exposed, Fortune.com, April 14, 2003 This original organization was set up as a network of six small credit bureaus. The number of credit bureaus increased remarkably in the 1920s as well as the 1950s with the introduction of credit cards and installment credit. During that period, the credit reporting market was homegrown: information was collected from local lenders and distributed locally.¹³³ bad credit lender mortgage

Automation Consolidation

In the 1970s, however, the industry started to automate on a larger scale. Database concentration led to industry consolidation. The larger market-players began to bring smaller bureaus into their computer systems to benefit from their information collection. Smaller agencies used the computer processing power and network of the larger companies. Local credit bureaus either became affiliates of one of the bigger players, or remained independent as resellers of credit reports. bad credit home loan mobile

In the 1970s, there were 2, 250 credit bureaus in the market. This number has been reduced to 1, 833 bureaus in 1997. Currently, it is estimated there are only 220 independent resellers. In the 1980s, there were five national credit reporting agencies: Trans Union, TRW, Equifax, Chilton Corporation and Pinger Systems. The Chilton Corporation eventually merged with TRW, whereas Pinger was sold to the Computer Science Corporation (CSC). CSC is a separate company, but for credit-reporting and operational purposes, it is now an affiliate of Equifax. bad cash credit loan

Credit reporting was only one division of TRW. Other divisions were devoted to aerospace and automotive parts. TRW later purchased Chilton. In the mid-1990s, TRW sold its credit reporting division, renamed Experian, to an intermediary. Experian was later bought by Grand Universal Stores, a United Kingdom company that continues as owner. bad credit loan private

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Jentzsch, Nicola, The Regulation of Financial Privacy: U.S. vs. Europe, European Credit Research Institute (ECRI Report No. 5 - June 2003) The Marmon Group is a Chicago-based company, privately owned by the Pritzkers of Chicago, one of America s wealthiest families. The Pritzkers also own the Hyatt Hotel chain. In 1981, the Marmon Group bought a large, failing amalgamation of businesses called Trans Union, which was into railcar and equipment leasing, water treatment, and international trade. It also had a credit bureau, a business that grew from a company called the Credit Bureau of Cook County. bad card credit debt

So, by the end of the 1980s there were three national consumer credit reporting agencies (CRAs) - Equifax, TRW (Experian) and Trans Union. Congress, Consumers Discover Credit Reporting The growth and consolidation in the credit reporting system was felt by the public and by Congress. By the late 1960s, Congress increasingly was concerned with a broad range of consumer protection issues. It was during this period that Congress enacted the Truth in Lending Act, requiring disclosure of credit terms. bad business credit loan small

There was also growing concern about privacy. For the first time, the specter of huge computerized databanks containing personal information on millions of Americans spurred debate over the need to protect citizens from Big Brother. In 1967, Prof. Alan Westin of Columbia University published Privacy and Freedom, one of the first books to explore the need for a code of fair information practices to ensure Americans privacy in the computer age.¹³⁴ bad bankruptcy car credit loan

The Fair Credit Reporting Act has a rather odd sort of history. ¹³⁴ Westin, Alan, Privacy and Freedom (New York: Atheneum, 1967) While the legislation was supposed to protect consumers, initial support for the bill among consumer groups turned to opposition, while the credit reporting industry came to embrace it. While the House held most of the public hearings and debate, the bill was drafted largely in secret by Senate Banking Committee members and representatives of the credit reporting industry.¹³⁵ bad credit instant loan

In 1969, the proposal s leading proponent was Sen. William Proxmire (D-WI). Proxmire believed that inaccuracy and misleading data were the most serious of several problems plaguing the credit reporting system. The other problems were maintaining confidentiality, and the volume of untimely or irrelevant data. bad credit equity loan

Although a number of Congressional committees have recently begun to investigate the activities of credit reporting agencies, most Americans still do not realize the vast size and scope of today s credit reporting industry or the tremendous amount of information which these agencies maintain and distribute, Proxmire said on the Senate Floor.¹³⁶ bad credit georgia home loan

However, if you are planning a major credit purchase in the coming months, it s probably best to get all three at once. Remember, authoritative research by the Consumer Federation of America (CFA) and the National Credit Reporting Association (NCRA) showed there could be major discrepancies between the three bureau reports for any given consumer (see Chapters 2 10). application bad card credit

Free Report Rollout Schedule

The Federal Trade Commission said it was concerned that allowing everyone in the country to get their free credit report all at once would risk a system crash or other problems. It therefore set a phased-in rollout that entitled residents in Western states first, followed by the Midwest, the South and the East, in three-month intervals, accordingly: bad credit home loan va

• West - December 1, 2004⁴⁷ bad credit home loa

• Midwest - March 1, 2005⁴⁸ bad car credit loan new

• South - June 1, 2005⁴⁹ bad credit home loan really

• East - September 1, 2005.⁵⁰ bad credit fix

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Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming ⁴⁸ Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin bad credit down home loan

How To Order Through The Centralized Source

When you first go to www.annualcreditreport.com, you must specify your state of residence so the system can know whether you are eligible for a free report. Once you enter an eligible state, you are asked to provide your identifying data: name, date-of-birth, Social Security number (SSN), address, city, and zip code. There is a box to click if you only want your report to list the last five digits of your SSN. If you have lived at your current residence fewer than two years, it asks for your previous address. For security purposes, a random, seven-digit number that is displayed must be read and typed into a box. bad credit lender

Then you go to the page where you choose which of three bureau reports you want to get first. The names of Experian, Equifax and Trans Union rotate so each takes its turn at top of the list. After you finish ordering your report from the first bureau of choice, you can order a report from a second bureau by finding the link: Return to AnnualCreditReport.com. bad buy car credit

Equifax - Online

Equifax s Web site first authenticates the identifying data you provided to the centralized source, and then proceeds to ask an additional question for authentication purposes, for example, the name of the company to which you pay your mortgage. Accordingly, prior to using the centralized source, it is a good idea to review your financial accounts, including credit cards, mortgages and auto loans, so you can answer these types of authentication questions. bad bank credit loan personal

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Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Oklahoma, South Carolina, Tennessee and Texas ⁵⁰ Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, New Hampshire, North Carolina, Rhode Island, Vermont, Virginia and West Virginia, Puerto Rico and all other U.S. Territories and Possessions When you pass the authentication test, Equifax then informs you that its site is the only one connected to the centralized source where you can buy your FICO score. It advises visitors as to why the FICO score is important. The price: $6.95. bad credit home loan purchase

Next, you are asked if you would like to be able to view your credit report online free for 30 days. If you answer yes, you then must enter a user ID and password. Finally, you are offered free access to Equifax Credit Rankings, which shows where your FICO scores ranks (if you purchased it), or where your level of debt ranks (if you don t buy your FICO score). bad credit loan motorcycle

Equifax also asks you if you want to receive offers and information. If you don t want this, make sure you check the opt out box. The online credit report is divided into eight sections: bad credit help home loan

1. Personal (identifying) information; arizona bad credit home loan

2. Credit summary; bad credit home loan motor

3. Account information; auto bad credit financing

4. Inquiries; bad car credit loan used

5. Collections; bad credit ct home loan

6. Public Records; bad credit diego mortgage san

7. Dispute File Information; and bad credit mortgage people

8. Summary of FCRA Rights. You can click on any of these categories to view your data; toward the bottom, there s a button for printing out the entire report. (Next chapter, we ll discuss reading and understanding your report.) bad credit down home loan no

Experian Online

For authentication, Experian first asked for the last four digits of the SSN. Then it asked four multiple-choice questions: bad company credit mortgage

1. county of residence bad credit home loan michigan

2. street bad credit home loan pa

3. company holding my auto loan and (4) amount of monthly auto loan payment. bad computer credit financing

(The correct answer to the last three questions was None of the above. ) The Experian report was divided into six categories: bad credit mortgage second uk

1. Report Summary bad credit let mortgage

2. Potentially Negative Items; bad credit get home loan

3. Accounts in Good Standing angeles bad credit los

4. Requests for Your Credit History bad credit home loan non owner

5. Personal Information (6) Your Personal Statement. atlanta bad credit home loan

Bush Admin. Still Formulating Position; Oxley Vows Action, Privacy Times, Vol. 23 No. 10, May 13, 2003 Challenging Dogma At the early hearings, pro-consumer witnesses quickly challenged industry claims that state laws were bad for commerce, or even that there were uniform national standards. Fordham Law Professor Joel Reidenberg, an author and expert on privacy law, testified that three states with the strongest credit-reporting laws Vermont, Massachusetts, and California ranked 50th, 49th, and 27th in bankruptcies. Moreover, those three States offered the lowest interest rates.³⁷⁶ bad credit loan signature

Vermont Asst. Attorney General Julie Brill displayed three common ads from Vermont newspapers showing that zero percent financing and instant credit for mortgages, car loans, and personal loans were widely available in the state. ³⁷⁷ auto bad credit refinance

As every pro-consumer witness pointed out, it had been the states, and not Congress, that had enacted the best financial privacy, credit reporting, and identity theft protection laws. Preemption would shut off the key source of pro-consumer solutions to real and ever-changing problems, they argued. bad credit home loan ohio

None of this testimony deterred industry witnesses and some House Republicans from droning on about the uniform national standards and the miracle of instant credit made possible by the federal FCRA. By early June, the Bush Administration still had not announced its position. bad credit home loan people

On June 11, Rep. Darlene Hooley (D-OR), long-time sponsor of identity theft legislation, upped the ante. Hooley, along with 11 other so-called New Democrats, came out in support of reauthorizing preemption, provided four major conditions were met. In a letter to Committee Chairman Michael Oxley (R-OH), and ranking member Barney Frank (D-MA) Hooley and the New Dems said it was imperative that the legislation address problems that had arisen since the 1996 Amendments: (1) Identity theft and mitigation; (2) expeditious handling of consumer complaints and disputes; (3) greater accuracy in credit reports; and (4) consumers access to their credit data. bad credit first home loan

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Statement of Prof. Reidenberg, House hearing, May 8, 2003, op cit. ³⁷⁷ Statement of Julie Brill, Fair Credit Reporting Act: How it Functions for Consumers and the Economy, Subcommittee on Financial Institutions and Consumer Credit, June 4, 2003 The Hooley letter was significant because it signaled to Oxley that it was possible to reauthorize preemption with a bipartisan bill, but only if badly needed consumer protections were part of the package. bad colorado credit home loan

Crippling Effects

It was also a great prelude to the House subcommittee s June 24 hearing on identity theft, when the panel finally heard two victims describe the emotional distress and frustration they experienced spending hour upon hour trying to repair their reputations and clean up their credit reports. It seems rather incomprehensible that our previously impeccable credit reports, which clearly showed wise and careful use of credit along with a stable twenty year residence history, now showed over twenty five unauthorized credit inquiries and six out-of-state address changes, all of which had been entered on our credit reports between September and November of 1999, testified Maureen V. Mitchell, of Madison, Ohio.³⁷⁸ bad credit home iowa loan

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Statement of Maureen V. Mitchell, Fighting Identity Theft The Role of the FCRA, Subcom. On Fin. Inst., June 24, 2003 Furthermore, I am concerned because I can see how it could be nearly impossible to fight these problems from overseas. ³⁷⁹ The First Bill At the end of June, Hooley and the New Dems joined forces with Oxley, Bachus, and other Republicans, in sponsoring a bill (HR 2622) to make permanent the FCRA s preemption of state law, to provide consumers with one free credit report, to require fraud alerts, and to add other provisions to protect against identity theft and improve credit report accuracy. Senator Shelby called the bill a good start. But consumer privacy groups said it fell short on several fronts, especially by not placing stronger duties on creditors, who are often culprits in causing inaccuracies. bad credit home loan nevada

Muris Calls For More

At a packed July 9 hearing on HR 2622, FTC Chairman Timothy Muris and Treasury Secretary John Snow said the Bush Administration and the FTC agreed that preemption should be reauthorized, and that new consumer protections were necessary. The pair endorsed the call for one free credit report per year. Muris went further. He said that the reinvestigation standards that applied to CRAs should be extended to creditors. The change was significant because generally, disputing errors directly with creditors did not trigger liability. Although many may not have realized it, the current law required consumers to route all disputes through credit bureaus before they could enforce their rights. account bad checking credit

Moreover, Muris said a new risk-based pricing notice was needed so consumers would know when their credit reports caused them to lose out on favorable interest rates or insurance premiums. Under current law, adverse action notices were only required when a consumer was denied credit and did not accept any counter-offers. This counter-offer loophole allowed creditors to avoid giving adverse actions. In such cases, consumers were not told their credit reports were causing them to lose out. bad credit history mortgage

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