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I have a problem with my mortgage the way they are reporting…

Customer Question
I have a problem...

I have a problem with my mortgage the way they are reporting to the credit bureaus after a modification it is affecting my financial and credit stability tremendously I want legal help

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

FL

Lawyer's Assistant: What steps have you taken so far?

I've been disputing to the bureaus and also with the mortgage company directly they wont give me answers and they send me from bogus deppartments where I cant get an aswer or speak to anyone

Submitted: 3 months ago.Category: Legal
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Customer reply replied 3 months ago
I've called this mortgage company several times even daily and its always the same answer I need some help I want to sued them.
Answered in 10 minutes by:
3/29/2018
Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,823
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

How are they reporting it?

What is it they are telling you when you dispute it?

You received a modification because you were having a problem paying the original mortgage? Financial hardship?

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Customer reply replied 3 months ago
I've lost my job back in 2016 and I felt I needed a little time to look for the right job ( 2 months ) I've asked the mortgage company for help for those 2 months and they told me the modification was the best thing I could do... It took them 18 months to finally have an answer over the phone because I've called at least twice a month the last time I called they've told me by the way your modification was complete last month and you are late a month... so the representive at the time said no worries lets just put you on a payment plan which I paid every month on time and yet they reported that late for 4 months, on all the phone calls I had with them they said they sent me a letter stating the modification was approved some time in May of 2016 but I've never got any notices stating that even that I've call at least twice a month on all the months after that and on Dec of 2016 is when they've told me by the way your modification was approved last month which it would of been Nov of 2016 but they stated it was approved since May, there is a whole bunch of inconsistancies all alo g this whole thing and when I call to speak to someone or ask questions they transfer from dept to dept and I never get an answer, this is affecting my financial life since I'm trying to refinance my house and the bad reporting to the bureaus is affecting my score tremendously I need some legal help they are totally wrong I asked to speak with the mitigation dept and they say that dept cannot speak to me so really this legal advice is my last option I really dont know what to do anymore and I need help.
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

For starters, you need to send a letter to the mortgage company's legal department, you need to state in the letter that you have never received any notices in the mail from the mortgage company since the modification process started, yet they keep claiming they sent notices out since May 2016 when the modification was approved. Tell them that you never received any payment notices as well and such their lack of notice violates not only TILA and Regulation Z regarding notice and disclosure, but is an unfair and deceptive practice as well. Inform them that they are erroneously making a negative report on your credit when it was an issue caused by their own negligence and as such is in violation of the Fair Credit Reporting Act. Tell them that if they refuse to remove the negative comment from your report, you will be forced to report them to the Federal Trade Commission and also sue them for violation of the FCRA for not only damages they caused your credit by their false report, but also for attorney's fees and costs as provided for in the Act.

If they refuse to still correct the report, then you need to engage a local consumer attorney and you need to sue them for violations and seek damages.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
They only gave me a fax number to their legal department how can I make them give me the correct number and contact information to speak to someone they transfer me from dept to dept and I keep getting answering machined is there something legally I can tell them to make them give me the right person or dept to talk to?
Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

You need to fax them the letter and tell them in the letter they have 30 days pursuant to FCRA to correct the matter. You are not calling anyone, send them the letter by fax and also regular mail.

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