Consumer complaint received 2016-06-12
Company: Dyck-O'Neal, Inc.
State: NM
Product: Debt collection
Sub-product: Mortgage
Issue: Taking/threatening an illegal action
Sub-issue: Threatened to sue on too old debt

Complaint:
XXXX I had XXXX to move from XXXX, XXXX to XXXX XXXX, XXXX. I moved entering into a buy out house program by the XXXX. The XXXX only offered $ XXXX on a house that I owed $ XXXX and was worth $ XXXX. I was short by $ XXXX. I was already living in XXXX XXXX when I found out about this shortage. XXXX advised I sign a promissary note for the $ XXXX for the bank would not right off the remaining balance even thou I was put in a short sale process to sell the home. I came to the closing with the the $ XXXX from XXXX and my promissory note showing paid off in full. Months later my credit was hit with a foreclosure attached to it. The XXXX per a BRAC law said they could not reimburse me the $ XXXX because I had not lived in the house 2 years. Upon being hired I was never told the base would be closing or I would have to move. Key information in deciding to build the new house we lived in. We were advised by a lawyer to file bankruptcy to get rid of the $ XXXX we owed Dyck O Neal. We did so. However XX/XX/XXXX the bankruptcy was dismissed. Judge told lawyer that a company or bank can not not double hit a individual. What he was saying is our credit was ruined with the foreclosure for 6 years and then on top of it we were being asked to pay $ XXXX for a house we no longer owned. The judge said this is not right. The judge could not fix my credit and I would be stuck with that for 6 years but advised the lawyer to send letter to Dyck o Neal that I am not responsible for payment of the $ XXXX. A request to cease collection efforts was sent to Dyck O Neal in XX/XX/XXXX. In XX/XX/XXXX we moved to XXXX, XXXX. XXXX XXXX we the foreclosure/short sale fell off our credit as well as bankruptcy information. However, every month over the last 6 years Dyck O Neal has banged my credit lowering it from an XXXX score to XXXX. This has hurt us over the last 6 years where we can not get a credit card, car or house. We went to banks in XX/XX/XXXX to purchase a house since the stuff dropped off our credit except the Dyck O Neal debt. Not one bank would give us a house loan even with back up from our lawyer saying we are not responsible for the debt. All banks mentioned that the removal of this debt from our credit report was crucial. We have tried multiple different methods with no results. In XX/XX/XXXX Dyck O neal claims they matured the loan to the full amount owed but mis-represent this on our credit report. We have disputed this and it has not been corrected. Per the statue of limitations Dyck O Neal can no longer attempt to collect on this debt. This has done significant damage to our credit for 6 years by them misrepresenting a foreclosure on our credit report for the 6 years and also attempting to collect up and beyond that. They misrepresented that we came to the closing of the loan on our home with all intention of showing a full payment so we would not have to short sale a home and have bad credit. They not only damaged our credit but want to collect per the promissory note after doing such damage and was not supported by a judge for their actions. They continue the threat to sue but the statue of limitations has exceeded the time they can do so. We would like to resolve this issue in any way possible has it has done great damage to our family for over 6 years and continues to be a problem.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation