Consumer complaint received 2017-10-10
Company: FIRST NATIONAL BANK OF OMAHA
State: NE
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:
In summary- In XX/XX/XXXX, we started an company that went under and filed Chapter XXXX in XX/XX/XXXX. The chapter XXXX was discharged in XX/XX/XXXX, when we noticed that our Mortgage and Home Equity Line was showing closed on all three of our credit bureaus. When we set up the Chapter XXXX we continued to pay our mortgage and home equity line normally and not through the trustee. We contacted the three credit bureaus to have the information corrected and submitted online and mail disputes. Then the credit bureaus removed our mortgage and home equity line from our bureaus and advised that First National Bank of Omaha was the only person that could correct or credit reports. On XX/XX/XXXX we hand delivered a written request to First Nation Bank ( which was signed by XXXX XXXX Retail Branch Officer on XX/XX/XXXX ). 
After waiting a couple of weeks we called First National Bank f Omaha on XX/XX/XXXX, to inquire on the status of our correction and was notified by XXXX XXXX ( lead Specialist in the  Mortgage department ) that she had never received the letter. We explained to her what was going on with our credit bureaus and that our mortgage and Home equity line was not reporting correctly to our bureaus. She advised us that since we filled chapter XXXX this is what happens. 
We contacted our bankruptcy attorney ( XXXX XXXX ) and he advised that this was not correct and advised that chapter XXXX was there to protect the property of those filling bankruptcy which he sent them an email stating : From : XXXX XXXX [ mailto : XXXX ] Sent : Tuesday, XX/XX/XXXX XXXX XXXX Cc : XXXX, XXXX ; XXXX XXXX Subject : [ External ] RE : RE : Re : mortgage XXXX, This statement below is not accurate. When a person completes a chapter XXXX case they do not discharge mortgage obligations unless they specifically surrender the home in the Chapter XXXX Plan. 

The entire idea of Chapter XXXX is to protect homes and to reinstate delinquent mortgage debts. The First National note is not discharged and the bank should continue reporting to the credit bureau. Here is a good article on this topic : XXXX XXXX XXXX [ XXXX ] First National has the best people working for it. In fact, XXXX of the very best is the great attorney, XXXX XXXX, who frequently represents the bank. You may want to run this by XXXX XXXX. 

XXXX, let me know if we can get this corrected. 

XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX & XXXX XXXX Attorneys at Law XXXX XXXX XXXX XXXX, XXXX, XXXX. 
XXXX XXXX XXXX XXXX, XXXX, NE XXXX, ( XXXX ) XXXX XXXX XXXX XXXX XXXX, XXXX XXXX , XXXX, NE XXXX ( XXXX ) XXXX Fax : XXXX XXXX XXXX [ XXXX ] XXXX : XXXX So after that email from our attorney First Nation Bank agreed to reinstate my Mortgage but only from the date of discharge of the chapter XXXX with one late payment ( which we were out of town and First Nation Bank doesnt except online payments for mortgages ) so for the past 14 years they will not report our good payment history prior to the discharged date. So now our mortgage payment history shows 11 payments, with one late which shows as a derogatory mark on our credit. And they flat out refuse to report our home equity line at all. 
So after several attempts to get XXXX XXXX to correct our credit bureaus with no success we do some research on the fair credit reporting Act and find out what they are doing is reporting incorrect information for the purpose to hurt our credit. We contacted Erins boss at First National Bank, XXXX XXXX ( The Director of Retail Consumer and mortgage collections ) who advised us this : From : XXXX, XXXX [ mailto : XXXX ] Sent : Thursday, XX/XX/XXXX XXXX XXXX  To : XXXX ' Cc : XXXX , XXXX ; XXXX , XXXX Subject : Re Mortgage Hello, XXXX XXXX forwarded this message to me, I am the XXXX of the Retail Consumer and Mortgage Collections within our Customer Operations Management group. I was contacted two days ago by ( US ) and I have been working to answer these similar questions she has directly contacted me to answer. Rather than have communication coming from both XXXX and I, I will answer this for you, on behalf of First National Bank. I also have left a message with ( US ) and will be calling her back shortly to respond to her request she made late yesterday. In my response to her, I was going to recommend that she speak with her bankruptcy attorney so that you can help her with any confusion that may exist. Here are responses to a couple of claims and requests she has made, which are similar to what you have asked on her behalf. 

1. She continues to claim that her Mortgage and Home Equity line of credit were never included in the Chapter XXXX bankruptcy and that we are reporting this incorrectly. We know that we were included on the schedule for secured creditors and that when she filed Chapter XXXX her Mortgage and Home Equity are included. They were paying outside the plan during this time, but it is correct for us to report this as the customer being in Chapter XXXX bankruptcy during that time. 

2. Regarding the credit reporting, yesterday I explained that according to our credit bureau guide and Director of that area, we do not report payment history from time of petition up to discharge. After discharge, we can report the history and we have done so on the Mortgage since discharge. We will not be reporting payment history during the bankruptcy period. 

3. She also asked about the reporting of the Home Equity products, as they are no longer reporting on their credit reports. When I am able to speak to her, I will tell her that First National stops reporting to the credit bureaus for home equity products at the time of bankruptcy. We will no longer report this trade line. 

If you have any further questions, you can reply or contact me directly. 

Regards, XXXX XXXX XXXX, Customer Operations Management ( XXXX ) XXXX Today 's date is XX/XX/XXXX, and this matter has not been correct and First National Bank of Omaha is still not reporting our mortgage or our home equity line to all of the three credit bureaus. We have all corresponding emails and letters to collaborate any information needed. Thank you in Advance for your help

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation