Consumer complaint received 2019-04-04
Company: EQUIFAX, INC.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
This is notice to XXXX, XXXX and Equifax, that XXXX XXXX XXXX XXXX, are attempting to report a loan modification as of XX/XX/XXXX. Which is out of the California statute of limitations. California has a statute of limitations of four years for all debts except those made with oral contracts. For oral contracts, the statute of limitations is two years. This means that for unsecured common debts like credit card debt, lenders can not attempt to collect debts that are more than four years past due. 
XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX are falsely and illegally stating that a loan modification had been attempted by the homeowners listed herein. There is no credit history of such and therefore is fraud and must be blocked. The home owners have dealt with this in the past and all three credit bureaus have deleted this information over and over. XXXX. has lied and stated that In your inquiries, you stated that the account has been paid in full and you included a document titled Tender of Payment Offering as proof of that payment. However, this document is not legal tender and is insufficient. It appears your intent for sending this document was to secure a release of your lien. To that extent, XXXX considers the document to have no legal validity, and believes presentation of this document constitutes an improper attempt to satisfy the obligation under the loan documents. As we have rejected DENIED this document for payment purposes, a satisfaction of the lien will not be recorded. XXXX requires funds in legal U.S. tender ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge. They stated that this is not a legal currency when in fact it is US Currency and lawful money or legal tender. This is to inform XXXX XXXX XXXX XXXX that this is US Legal Tender as stated " The ownership of all property is in the state by virtue of the government " Under thenew law government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances, because it is backed by the credit of the nation.It will represent a mortgage on all the homes, and other property of all the people of the nation. '' Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, March 9, 1933 on HR 1491 p. 83. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federalreserve banksand for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any FederalReserve bank.  12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption - ( Dec. 23, 1913, ch. 6, 16 ( par. ) ,38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ) ,48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ) ,49 Stat. 704. ) Thus the agency must fine XXXX XXXX XXXX XXXX and XXXX XXXX XXXX  for this false statement which is perjury! XXXX XXXX XXXX XXXX, has presented on behalf of XXXX XXXX XXXX XXXX XXXX a fraudulent document. The Document alleges that we the home owners signed a loan modification XX/XX/XXXX to a home loan as of XX/XX/XXXX. The documents are newly created and have upset the homeowners to an extent of new lawsuits taking place and being filed. The document presented as a loan modification has never been seen before this day and time XX/XX/XXXX XXXX. In fact if the agencies receiving this document look and see the signatures don't match the ones forged on the home loan alleged to be done and signed on XX/XX/XXXX we will attached a signature analysis to prove that point. As well when the home owners requested that the Banks involved including XXXX  whom does not legally exist as a mortgage company was asked to present these documents over ten years ago. 
XX/XX/XXXX by a XXXX XXXX a customer assistance specialist,  whom stated in a letter that we were in default and that they could offer a loan modification on that date so where did the XXXX XXXX document come from? Please advise! This letter from XXXX XXXX a customer assistance specialist days after a request for loan documents verification and variation was requested by the home owners on XX/XX/XXXX stating by the manager XXXX XXXX. Validation - Does not qualify by way of a letter in the mail dated XX/XX/XXXX when a foreclosure sale date is set for XX/XX/XXXX. The laws or home owners bill of rights state ; Restriction on dual track foreclosure : Mortgage servicer are restricted from advancing the foreclosure process if the homeowner is working on securing a loan modification. But the loan modification presented was forged and fraud. When a homeowner completes an application for a loan modification, the foreclosure process is essentially paused until the complete application has been fully reviewed. This never happened! Also the home owners learned of the sale from their neighbors and the website XXXX.XXXX Not from a letter alleged by XXXX 
Guaranteed single point of contact : Homeowners are guaranteed a single point of contact as they navigate the system and try to keep their homes a person or team at the bank who knows the facts of their case, has their paperwork and can get them a decision about their application for a loan modification. 
Verification of documents : Lenders that record and file multiple unverified documents will be subject to a civil penalty of up to {$7500.00} per loan in an action brought by a civil prosecutor. Lenders who are in violation are also subject to enforcement by licensing agencies, including the Department of Business Oversight, the Bureau of Real Estate. Also the notice of foreclosure and sale must happened 120 days before and there are no signatures of confirmation for such information thereto the home owners at that location. Nor on record with the county of XXXX XXXX Registrar of Deeds. 
Enforceability : Borrowers will have authority to seek redress of material violations of the new foreclosure process protections. Injunctive relief will be available prior to a foreclosure sale and recovery of damages will be available following a sale. ( AB 278, SB 900 ) Tenant rights : Purchasers of foreclosed homes are required to give tenants at least 90 days before starting eviction proceedings. If the tenant has a fixed-term lease entered into before transfer of title at the foreclosure sale, the owner must honor the lease unless the owner can prove that exceptions intended to prevent fraudulent leases apply. ( AB 2610 ) Tools to prosecute mortgage fraud : The statute of limitations to prosecute mortgage-related crimes is extended from one to three years, allowing the Attorney Generals office to investigate and prosecute complex mortgage fraud crimes. In addition, the Attorney Generals office can use a statewide grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple counties. 
Tools to curb blight : Local governments and receivers have additional tools to fight blight caused by multiple vacant homes in their neighborhoods, from more time to allow homeowners to remedy code violations to a means to compel the owners of foreclosed property to pay for upkeep. ( AB 2314 ) The California Homeowner Bill of Rights marked the third step in Attorney General XXXX response to the states foreclosure and mortgage crisis. The Mortgage Fraud Strike Force was created in May 2011 to investigate and prosecute misconduct at all stages of the mortgage process. In XX/XX/XXXX, Attorney General XXXX secured a commitment from the nations five largest banks for up to {$18.00} billion for California borrowers. 
Also the XXXX XXXX County Registrar of Deeds the seller and or alleged buyer must settle the Mechanics lien in the  amount of {$2.00}, Its important to know that there is a statute of limitations for filing a lien in California. Californias mechanics lien foreclosure deadline ( the date when a lawsuit must be filed to enforce the lien ) is one of the quickest in the country. Liens must be foreclosed within 90 days from the date the lien was filed.Therefore, its a good idea to immediately take steps toward collecting on the lien. If you remain unpaid, it may be time to make arrangements to foreclose the lien. 
California has a statute of limitations of four years for all debts except those made with oral contracts. For oral contracts, the statute of limitations is two years. This means that for unsecured common debts like credit card debt, lenders can not attempt to collect debts that are more than four years past due. 
Handwriting expert shows the signatures does not match the home owners, No credit history with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, No such loans are listed on Homeowners credit history past or present. 
The homeowners submitted a tender of payment as directed by XXXX XXXX XXXX XXXX employees whom spoke with the home owner on or about XX/XX/XXXX, she stated that the payments hadn't been received due to being mailed to the wrong address, so she suggested the address of XXXX XXXX XXXX XXXX. Attention. Remittance Over Night Ad XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX. They said that the payment could be in a money order coupon or check. The payment was received and XXXX XXXX XX/XX/XXXX XXXX XXXX or XXXX XXXX XXXX are a FHA lender and are a National Associated Bank, whom can received the Tender Of Payment. The Federal Emergency Relief Act of 1933 states that The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federalreserve banksand for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any FederalReserve bank. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption - ( Dec. 23, 1913, ch. 6, 16 ( par. ) ,38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ) ,48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ) ,49 Stat. 704. ) The ownership of all property is in the state by virtue of the government " Under thenew law government obligations, bills of exchange, drafts, notes, trade acceptances, and bankers acceptances, because it is backed by the credit of the nation. It will represent a mortgage on all the homes, and other property of all the people of the nation. '' Senate Document No. 43, 73rd Congress, 1st Session, Congressional Record, March 9, 1933 on HR 1491 p. 83. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federalreserve banksand for all, and other public dues. They shall be redeemed at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any FederalReserve bank. 12 U.S. Code 411 -  Issuance to reserve banks ; nature of obligation ; redemption - ( Dec. 23, 1913, ch. 6, 16 ( par. ) ,38 Stat. 265 ; Jan. 30, 1934, ch. 6, 2 ( b ) ( 1 ) ,48 Stat. 337 ; Aug. 23, 1935, ch. 614, title II, 203 ( a ) ,49 Stat. 704. ) I also feel that they have stated falsely that i have somehow committed a crime by making this payment of this type.

Company response to consumer: Closed with explanation