Consumer complaint received 2018-02-21
Company: EQUIFAX, INC.
State: AL
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:
Since XX/XX/2016 I have tried to resolve the inaccurate reporting of my mortgage account serviced by XXXX XXXX to the Credit reporting agencies. Today, my mortgage account that I am currently paying on is being reported as closed to the credit reporting agencies. I have contacted a credit reporting agency and XX/XX/XXXXand both blame the other party for how it is being reported as closed. 

In addition my mortgage is being reported as 30 days late, which I dispute because of my payment changing and not being notified of the short payment. During 2016 after my husband file ChXXXX bankruptcy, I stopped receiving statements and correspondence from XXXX. My husband is not a signer on the note related to this mortgage. I am a n individual borrower on this loan. However, when I attempted to contactXX/XX/XXXX I was referred the bankruptcy department which would talk to me because they were notified that I was being represented by an attorney. I sent a letter stating I was not in bankruptcy nor was I being represented by the attorney on file in an attempt to correct the confusion. During this time of not getting statements with in a couple of months my mortgage payment amount changes. for one of the months I send in a full payment for the previous amount, however it was not applied but held in suspense, until the next payment was applied. Due to the timing of the next payment, which was not late, the first payment was reported as 30 days late due to the payment being short {$16.00}, the difference in the old an new mortgage payment. I was never contacted of the payment being short, but I was reported the credit reporting agency, knowing that I had never been late in the past. I was told that they could not contact me due to the bankruptcy because it could be perceived as collecting on a debt, however they could report me 30 days late to the credit reporting agency. This seems to be a contradiction and they don't seem want to own any responsibility in the situation that could have been avoided. 

There are also months where it appears XXXX was not reporting my mortgage as Ok or 'Paying as Agreed ' while payments were being made. The balance on the account was being reported incorrectly for a longer period of time prior to the account showing closed as well. 

All of this seems to be related to a bankruptcy that I am not a party of, I am not in bankruptcy. Nor is my mortgage a part of my husbands bankruptcy repayment plan. I understand there to be laws that relate to instances where the lien holder is not in bankruptcy, in which my loan information should not be suppressed from me or the credit agency. I feel I have been unfairly serviced, and inconsistent and deceptive practices have caused my loan to be reported inaccurately ultimately impacting my credit score and credit worthiness seen by others. 

These are a few of the explanations I have received : -My husband lives at the address so it is automatically considered an asset in bankruptcy. So my loan is automatically considered to be in bankruptcy. 
-The credit reporting agency by law has the right to suppress information on a loan due to bankruptcy. The credit reporting agency is reporting the loan as closed. 
-Paying as agreed was suppressed by the credit reporting agency in payment history. 

I can't get either party to resolve the problem, however I understand XXXX to be the party responsible for credit reporting on my loan, the information has to come from them. I am hoping you can assist in this matter that I have been trying to resolve since 2016.

Company response to consumer: Closed with explanation