Consumer complaint received 2021-08-11
Company: EQUIFAX, INC.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I divorced XXXX XXXX in XXXX and in the Divorce Decree it listed a property at XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX as her having sole possession and me giving up all rights. I have not received any bills, letters, or notices about this property in the last 9 years as XXXX XXXX was awarded the property. XXXX XXXX past in XXXX of XXXX. I did not find out until I visited with a mortgage lender about getting a loan to purchase a home for myself. That's when I found out that the the property on XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX serviced by XXXXXXXX XXXX listed my name as the primary borrower and the XXXX XXXX never refinanced the property as required by law. 

I have contacted XXXX XXXX to see if the house can be removed from my credit report as I no longer owned the rights to the property. XXXX XXXX advised me that due to me being the primary borrower they could not remove me per the mortgage agreement and that they do not honor divorce decrees.They did mention that if I want the late payment reporting to stop I could refinance the property and they would move all overdue payments to the back end of the loan. I told them this is not an option as I have no rights to the property which also keeps me from selling the property. I also asked them why they did not notify me that the account was derogatory and that they were reporting as such on my credit report. Federal Law requires them to contact me before reporting negative information. They did not notify me nor did they give me an answer as to why they never sent me any information, documentation or notify me the last 9 years. 

Since XXXX XXXX 's passing in XXXX, her daughter XXXX XXXX XXXX and her husband have been living at the property and have not made any payments since XXXX XXXX passing. The daughter, XXXX XXXX XXXX has been attempting to refinance the property into her name and did a loan modification in XXXX since her mother XXXX XXXX willed it to her without my knowledge of any of it until recently as I was attempting to secure my own mortgage. 

I have sent XXXX three letters explaining this to them and asking them to remove the account from my credit report since I have no legal rights to the property. XXXX only responded one time, under a different mortgage companies name of " XXXX '' with a computer generated form letter that did not address the issue. I asked for documents pertaining to the loan and they will not send them. I then hired XXXX XXXX, Attorney at Law who sent a letter of intent which XXXX never responded to. I then contacted the XXXX XXXX courthouse to see if the order of the property awarded to XXXX XXXX can be reversed but they can not change the decree since she is passed away. 

Now, XXXX XXXX is ignoring our letters, and requests for documentation, or helping us find a solution to this issue. They are still reporting this mortgage that I have no rights to on my credit report. The property is about to foreclose because they will not work with the owner and occupant of the house, XXXX XXXX who wants to finance the house in her name and make payments.

Company response to consumer: Closed with explanation