Consumer complaint received 2017-09-28
Company: EQUIFAX, INC.
State: KY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
On XXXX XXXX, XXXX, a civil action was initiated that I had no prior knowledge of. XXXX XXXX XXXX XXXX purchased a tax debt on a home I owned on XXXX XXXX XXXX in XXXX, KY. The moment I was made aware of the action through certified mail, I contacted XXXX XXXX XXXX XXXX and was informed of the tax liens on my property for back property taxes. I asked the amounts and explained that I needed to make a few calls. My first call was to XXXX XXXX XXXX XXXX XXXX XXXX as I had previously enrolled in the Hardest Hit Fund Program. I explained my predicament and explained that I was told that my taxes would be included in the payments they made to the bank on my behalf. XXXX explained that taxes would be paid only if they were included in my mortgage payment. This information was not communicated to me. I then called XXXX XXXX XXXX and set up a payment plan of {$500.00} a month. 

I decided to sell the home and I listed it on the market XXXX. I received an offer on the home during the summer of XXXX. However, on the day before closing the buyers backed out of the sale. I called XXXX Bank and XXXX XXXX XXXX now XXXX Bank XXXX and informed them that the buyers backed out and that I was living in Indiana but needed information to make the previous mortgage payment and the current mortgage payment. I asked XXXX XXXX for the banks routing and account number so I could make my payments without having to mail it or bring it to the branch. XXXX XXXX requested that I contact XXXX XXXX. I tried to make contact for 3 days. When I finally reached XXXX XXXX she explained that the bank would not accept my payments and they were going to foreclose on my home. 

I mailed XXXX payments in the form of postal money orders. XXXX Bank did not apply the payments to my account and subsequently reported my payments late with the credit bureaus. During foreclosure proceedings the appointed XXXX asked the bank why they did not apply the payments. XXXX Bank said they did not accept payments because they were foreclosing on the home. The XXXX ordered the bank to apply the payments, citing that even if the foreclosure is granted they should accept any payments that are made. The payments were applied but XXXX did not correct the error with the credit bureaus. When I requested that my credit files be updated, XXXX suggested that I dispute it with the credit bureaus directly. I explained that it would serve no purpose if XXXX validates the information. 

I decided to dispute with Experian, Transunion and Equifax. Not surprisingly the disputes came back with no changes as XXXX stated their reporting was accurate. In addition to the above XXXX was still pursuing a foreclosure sale and ordered a XXXX XXXX sale to auction the home. I received certified mail that my home was being foreclosed. I discovered that the Civil Action said XXXX XXXX XXXX XXXX VS XXXX XXXX. I called XXXX XXXX that represented XXXX XXXX and he explained that XXXX was attempting to ride under their judgment because XXXX has a vested interest in the property as well. XXXX XXXX also explained that if XXXX wished to foreclose they would need to start their own action. The judge vacated the order of the sale and ordered that XXXX Bank pay all costs associated with the XXXX XXXX sale and associated court costs. 

A few weeks after the sale was vacated XXXX attempted to foreclose with their name as the plaintiff. I sold the house a few weeks after they began the foreclosure action again. The house sale was finalized on XXXX XXXX, XXXX. After the house sale was finalized and the bank received the money from the sale, I began checking my credit. I then discovered that the bank reported my mortgage late in XXXX and XXXX. I disputed again and provided the sale documents for the house, the vacated foreclosure judgment and the documentation that the bank was order to pay all costs associated with the action. I have submitted disputes on the following dates : - XXXX/XXXX/XXXX - XXXX/XXXX/XXXX, XXXX/XXXX/XXXX - XXXX/XXXX/XXXX - XXXX/XXXX/XXXX - XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX After providing all of those documents, the disputes came back as verified and each credit reporting agency recommended that I reach out to XXXX Bank XXXX formerly XXXX Bank and XXXX XXXX XXXX to update their reporting. On XXXX XXXX, XXXX I sent a certified letter to the bank respectfully requesting that they remove all late payments from this action. Enclosed in the letter to XXXX Bank, was proof from Experian that my mortgage was reported late in XXXX and in XXXX. The bank signed for the letter on XXXX XXXX, XXXX. I received a letter from XXXX Bank dated XXXX XXXX, XXXX stating they determined their reporting was accurate and they are unable to grant the relief I requested. I have exhausted all that I know to do and need assistance to remove these late payments. Thank you in advance for any and all consideration given.

Company response to consumer: Closed with explanation