Consumer complaint received 2016-09-20
Company: EQUIFAX, INC.
State: TX
Product: Credit reporting
Issue: Incorrect information on credit report
Sub-issue: Public record

Complaint:
The original debt and lien was created by XXXX XXXX, XXXX in XXXX, Texas, An unlicensed mortgage banker. The debt was supposedly transferred to XXXX XXXX after closing, however, there is no record of that transfer in XXXX County, Texas as is required by law in the State of Texas. 

The original creditor, and not the debt buyer, an unlicensed mortgage broker in the State of Texas ( XXXX XXXX ) is the party responsible for reporting information about the debt to the credit bureaus. Typically, at some point prior to selling the debt, the original creditor will report that the debt has been " charged off. '' The debt buyer can not change or remove this information from your credit report. Only the original creditor can do so. 
XXXX XXXX was our original creditor and as the chain of title with lack of registering any transfers according to the laws of the State of Texas, that would legally make XXXX the purchaser of a debt and not the legal holder of the Deed of Trust and Promissory note. An Injunction was issued in XX/XX/XXXX on the fraudulent mortgage and it 's inception with deceptive practices committed by XXXX XXXX in XXXX, Texas, stopping payments on the instrument ... ie ... Mortgage until the validity under RESPA and TILA could be investigated. 
This debt has been cancelled by Declaratory Default Judgment of wrongful foreclosure XX/XX/XXXX and the Deed of Trust and Promissory Note is no longer enforceable. 
" The damages for wrongful foreclosure, particularly a willful ( or knowingly ) wrongful foreclosure ( in a non-judicial foreclosure state ) can be quite substantial, including the loss in value of your property, the costs to you of having a poor credit rating because of the foreclosure, the costs of moving elsewhere, emotional distress, and various other costs, including consequential damages which the bank could have foreseen when it wrongfully foreclosed. '' These actions have caused undue hardships on us financially and personally. A seemingly willful disregard for the laws of the State of Texas and refusing to abide by the orders of the court seems to be a matter of contempt. 
The reported no payments were court ordered as the foreclosure process was wrongful and invalidated the Promissory Note and Deed of Trust is inaccurate because the court ruled in our favor declaring the aforementioned actions as illegal and thus voiding the lien. I am requesting that the item be removed or updated to show paid in full to correct the information. 
Another part of the case involved the Mortgage Banker that was illegally brokering Mortgages without a license in the State of Texas through XXXX XXXX XXXX. 
The mortgage began XX/XX/XXXX and involved XXXX lawsuits before final judgment was passed against XXXX XXXX XXXX XXXX in XXXX, Texas and their leaning to Accelerate the loan and all our possessions which is illegal in the State of Texas. 
XXXX is the company, along with XXXX XXXX that put the pressure on us and refused to speak with me, the third person on the mortgage simply because it did n't fit their paperwork system. 
I have challenged this through the credit bureaus three times now and XXXX XXXX XXXX as a Debt Collector, refuses to close this and wipe the slate clean.

Company response to consumer: Closed with explanation