Legal Question in Civil Rights Law in Texas
Can a mortgage co. reporting inaccurately to the credit bureaus
My situation is this, my mortgage was recently acquired by another mortgage co. The new mortgage co. informed me I owed them 700.00 in late fee's. I had never been informed of any such fee's at all in the past 3 yrs. All of my quarterly statements show that I do not owe any late fee's. I contacted a legal service and they informed me that the mortgage co. failed to inform me in a timely manner so contact them and give them all the facts. I did that and they just put on my credit bureau that I am now 1200.00 in late fee's. I want to know my rights here, since all of sudden I went from 700.00 to 1200.00 something is really wrong here.
2 Answers from Attorneys
Re: Can a mortgage co. reporting inaccurately to the credit bureaus
You definitely have an issue here. This is what I would do to start:
1. Start a contact log, as the previous response suggested.
2. Send them a letter with a breakdown of your payments for the entire period they're saying you were late, with copies of your statements with a letter from your attorney giving them 3 weeks to clear it up and get it off of your credit report.
3. On week 5, take them to court and ask for treble damages, depending upon your state statute for fraud and anything else your lawyer can come up with.
4. File a complaint with the better business bureau and your state attorney general.
There are limits to what is a tolerable delay for THEIR error, and I think you've given them pletny of time to straighten it out, since it's all stored on some computer. Good luck!
Re: Can a mortgage co. reporting inaccurately to the credit bureaus
They may be in violation of the Fair Credit Reporting Act. Speak to a local attorney regarding it and you can look up the act as well.
Also, ask to speak to a supervisor as it seems there may be an error in someone file and it needs correcting as soon as possible.
Also document who you call, their title, when you called them, and the subject of the conversation.
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