Legal Question in Business Law in California

As a Mortgage Broker, in order to become approved to do business with most wholesale lenders, I am required to pay $79 and apply through a company called www.commergence.com which collects and reviews my financials and lender documentation. Today I received a decline notice from a lender with whom I had applied, that was based solely on a Courtlink printout provided to them by Comergence. The individual simply shared my first and last name and had a pending Federal criminal case against him for drug sales in a county located 7 hours from my location. This is not me and I called Comergence and was told that I would have to drive 7 hours to the US Court in order to have them provide me with documentation to show that the inidividual is not me. I am not going to drive 7 hours for a job that they needed to provide for a service that they charged me for. They didn't use my social security number, address or anything else related to me. I asked to speak to a Manager and after 10 minutes on hold their representative told me that there wasn't a Manager available but they would call me back. They did not which added to me being livid. They were negligent for breaching their duty of care in providing the lender with carefully obtained information. I would like to report them to the AG and Dept. of Consumer Affairs and possibly the County DA in which they conduct business. I would like your feedback on my remedies available at law.

Asked on 10/05/12, 6:52 pm

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Answered on 10/06/12, 4:02 pm

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