Consumer complaint received 2018-03-24
Company: EQUIFAX, INC.
State: WA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
1. The Fair Credit Reporting Act 15 U.S. Code 1681 " is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. '' 2. We entered into a Mortgage with XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, TX XXXX, ( XXXX ) XXXX on XX/XX/XXXX 3. We filed for Chapter XXXX Bankruptcy on XX/XX/XXXX, which was discharged on XX/XX/XXXX through the XXXX XXXX Federal Bankruptcy Court in XXXX, WA. We were represented by XXXX XXXX, XXXX XXXX XXXX, XXXX, WA XXXX, ( XXXX ) XXXX. 

4. The lender ( XXXX XXXX ) neither requested a Reaffirmation from us, and one was advised as not necessary per our Attorney, as the XXXX XXXX neither issues them, nor considers them appropriate for Mortgages ; hence a reaffirmation agreement was not made. We are unable to retroactively obtain said reaffirmation through the courts without re-opening our Bankruptcy, and per our attorney, are likely not receive one, as again, the courts consider them as inappropriate for mortgage loans, based on their enforceability in the security of the Deed and Note. We have confirmed this history through our Attorneys Office.

5. In XX/XX/XXXX, we contacted XXXX XXXX to request accurate reporting of all on-time payments, and to accurately reflect the account as an active mortgage on our credit report. We were advised that this would automatically re-engage in XXXX, and that if it did not, to call back and it would be re-engaged. In XXXX, we called back to learn that it is the policy of XXXX XXXX to cite the Consumer Data Industry Association ( CDIA ) policy to not report a discharged mortgage as accurate nor an active account without a reaffirmation. We continue to struggle with XXXX XXXX to do the legal and right thing by reporting us as an active account, and with on-time and fully made payments as agreed upon. 

6. We are unable to provide them with the requested document, as the courts will not grant one to us ; in addition, XXXX XXXX did not request said document prior to our discharge, only now stating they advised us through some comment on a statement that this was their policy. 

7. We have attempted to correct this issue through the credit bureaus, however they have failed to act to correct the inaccurate reporting. 

8. We feel that the CDIA policies do not trump, nor relieve XXXX XXXX of their legal responsibility to a ) accurately report this mortgage as an active and paid on time account on our credit, and b ) retroactively and henceforth continue to report all on-time payments as made as agreed to all reporting bureaus as required through the Federal Fair Credit Reporting Act. We are attempting to resolve this through channels that do not require a civil suit be brought upon XXXX XXXX. 

9. XXXX XXXX maintains they will not report this account as active or paid as agreed for an additional 7 years. 

10. We continue to research if this practice violates any Veterans Administration Laws, as this is a VA Loan, and XXXX is a retied and decorated veteran. 

The actions of XXXX XXXX appear retaliatory and predatory, in addition punitive to us as a consumer. Their actions citing an associations policy, versus the Federal Law further enhance this fact. The associations policies do not relieve them of their legal and moral obligation to accurately report all mortgages they maintain, and the accurate reporting of payments on those mortgages.

We can not provide them with what they cite as required, as we have no authority to direct the Federal Bankruptcy court to alter their procedures. 

We can not use this paid account as a mechanism to reestablish our credit worthiness. In addition, the absence of the account on our bureau lends an inaccurate perception that we are neither homeowners, and based on no rental credit history, also are not renters, hence further increase an already negative perception of our credit worthiness. All of the above are not establishing trust and confidence in the system, hence impair the efficiency of the banking system. 

We have already been denied credit and suffered damages as a result of this failure on our credit report. 

Correct of this issue can reestablish the " trust '' in the system in a manner that can be maintained in a fashion of integrity, and the retaliatory and punitive approach of citing an associations policy be over-ridden by the authority of the law. 

We seek support and correction of this gross injustice. 

Respectfully, XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation