Supporting, Informing & Connecting People in Foreclosure

REPORTING DISCREPANCY QUESTION?

So one of things I started thinking about once I get out of some of this mess is how to fix my credit in case their is some banking system left. This brought up a few thoughts.

How is it if the Servicer is not really the creditor that they have any right to reflect credit reporting in their name? Would this not lead to a legitimate claim as to the accuracy of the reporting?

What about interest statements for taxes? The 1098 I just received shows the servicer as receiving my interest?

Obviously there are duties allowed under the servicing agreement etc but the credit reporting by someone other than the admitted creditor seems inaccurate and subject to fair credit reporting standards.

Anyone have thoughts as to this?

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Permalink Reply by J in CO on January 28, 2010 at 1:51pm

Thanks Steve,

Do you know if the damage is each day it is reported such as 30 days of reporting or is it one violation per account?

I am going to add this to my claims for my rescission case but haven't found any instances of the claim being 1000 per day for the violation. I thought I remembered when I was a broker a few years back someone saying the violation for credit reporting was 1000 per day of occurrence.

Good info, I actually have the statute printed out and hadn't gone through it yet.

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Permalink Reply by Alina on January 28, 2010 at 3:23pm

here is a great case on the Fair Debt Collection Practices Act. This lady was pro se. According to this, it is per violation.

Attachments:

Gilroy v. Ameriquest.pdf, 40 KB

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Permalink Reply by EB on January 28, 2010 at 8:32pm

Very interesting J. You are bringing up a valid point

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Permalink Reply by J in CO on January 28, 2010 at 9:24pm

Nice info Alina!

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Permalink Reply by Ace on February 4, 2010 at 8:24pm

I am a Carpenter, not a lawyer. READ my words at your own discretion.

So after we win our cases we can,:D
1 - Ask judge to have THEM remove the bad listings,
2 - Use [15 U.S.C. § 1681g],
3 - ?

Ace