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Attorney 1
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Category: Real Estate Law
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I want to sue Bank of America AGAIN late pays on my credit

Customer Question

I want to sue Bank of America AGAIN for 22 late pays on my credit report on a mortgage I had with Countrywide starting in 2008. As you know Countrywide went out of business. BofA told me that I would be paying them. I explained that my contract was not with them and that they needed to do a new contract (mortgage). They said they were working on dropping me into the HAMP program and to pay $550/mo for 5 months, which I did. Then they said I had to walk into the bank and wire $1069.00 and $1100.00 in Jan and Feb, 2011, respectively.
In April, 2011, I took a job in Iraq, while trying to short sale my condo because BofA would not refinance me into a new loan. I found out through my RE broker that my place had been foreclosed. BofA never told me that I was past due. Never told me how much to pay to be current and never told me that I owed them anything verbally or in writing.
Per my credit report, they foreclosed in July 2011.
I went through an agency called Independent Foreclosure Review in 2011, per Obama, to sue BofA. I submitted documents proving my case and won $6000, in 2013. Then IFR sent me a 1099-M, which caused the money to be taxed.
I thought this was removed off of my report before. But it is not. My credit is "Good" now, but I was denied credit in August, 2015, when I tried to purchase a condo in Texas, because of these late pays.
I'm currently in Afghanistan working as a subcontractor for the DOD. I want to buy a place in Texas this year. Can you PLEASE give me some direction as to who can help me sue BofA again and or get these late pays off of my credit reports.
Thank you!!!
Lisa Horton
Email:***@******.***
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 11 months ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

I'm sorry to hear of the difficulty you're having with Bank of America... again. Since the information posted to your credit report is wrong, the lender is required to remove it. You can contact your lender, in writing, demanding they "remove the erroneous trade lines" from your report, clarifying the reason why and attaching the relevant documentation. In the letter, you will also want to give them the ultimatum of either removing the negative information or being the subject of a lawsuit for credit damage. Be prepared to follow through, if necessary, which hopefully won't be the case, but is a very effective measure of not only getting the information removed, but also obtaining compensation for any damage this is caused you. If not removed in a couple of weeks, you can contact the credit agencies through their respective websites to report the errors. They will contact B of A to verify the debt. If the debt cannot be verified, the items will be automatically removed. If the bank confirms the debt, after you demanded removal of the negative info, you will have powerful evidence of wrongdoing that the court will likely take very seriously, perhaps by way of an award of substantial damages. So, it's important to put your ducks in a row by obtaining copies of your credit report and maintaining copies of any potential loan applications and/or potential denial letters, etc.

I hope this helps. If you need additional information or clarification, just let me know. I'm here to help. If I have addressed your issue, please remember to leave a positive rating when prompted.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 10 months ago.

Please let me know if there's anything else I can do for you. If I have addressed your issue, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help provided.

Best,

Attorney 1

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