Legal Question in Real Estate Law in New York

Fair Credit Act

Closed on home w/ OM Mortgage w/ 1st

mort & home equity loan. I received a Notice of Assignment for both loans, telling me to pay two different servicing companies as of Jan 1st, 2003, which I did. Four months later, I received a ltter from Olympia Mortgage company stating that they had made a mistake in informing to send Jan. payment to new servicer, and directing me to forward payment to them. Enclosed is also a new Notice of Assignment, back dated to Jan. 2002. By this time the funds had already been sent to the new servicer, but my loan was once again sold to another entity. I instructed Olympia to obtain funds from new servicer, they insisted I make the request. We agreed I would make the request and they would hold off on any reports of delinquency until an answer from company was obtained. Olympia did not do as they said, and reported me delinqent on BOTH loans. This eventually resulted in me being unable to close on a refinance. New servicer says Olympia dropped the ball and should waive payment, Olympia refuses, and I still have del. on my report, although I've paid on time every month.

Would like to sue under the Fair Credit Act, do I have a case?


Asked on 2/25/04, 9:53 pm

1 Answer from Attorneys
richard feldman richard d. feldman

Re: Fair Credit Act

If your requests are properly documented then you might have a case. You can write up to 100 words to explain what happened to credit reporting services and it will be posted on your report.

you can call for free consultation at 516 410 4001

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Answered on 2/26/04, 11:51 am


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