Consumer complaint received 2016-01-11
Product: Credit reporting — 
Issue: Incorrect information on credit report — Account terms
Company: Experian Information Solutions Inc. (GA)

The Federal government together with state attorneys general in XXXX states and the XXXX reached a settlement in XX/XX/XXXX requiring XXXX XXXX , XXXX, to provide XXXX in various forms of relief to certain borrowers. The United States District Court for the XXXX entered the Consent Order on XX/XX/XXXX. The consent order addresses XXXX 's alleged misconduct regarding its mortgage servicing and foreclosure practices. XXXX must also create a XXXX dollar fund for the approximately XXXX XXXX borrowers who were foreclosed upon between XX/XX/XXXX and XX/XX/XXXX. In addition, XXXX must adhere to significant new homeowner protections. The consent order requires that XXXX follow the servicing standards set up by the XX/XX/XXXX National Mortgage Settlement ( NMS ) with the XXXX largest banks. XXXX 's compliance with this settlement will be monitored by the same professional monitoring team currently in charge of enforcing the NMS, led by former North Carolina Banking Commissioner XXXX XXXX. According to : ( Source ) XXXX Based on reports released, I was eligible for payments ; a borrower must have had a mortgage loan owned by the XXXX ( better known as " XXXX '' ) or the XXXX XXXX ( better known as " XXXX XXXX '' ). The loan had to have been serviced by XXXX and the borrower must have applied for and started a HAMP trial with XXXX by XX/XX/XXXX. The borrower must also qualify for at least XXXX Victim Compensation and Restitution Plan category. However, the borrower 's loan does not need to be currently serviced by XXXX, and it does not matter whether the borrower entered into a HAMP or alternative modification, the HAMP application was denied, or the loan went into default or foreclosure. 
( ) The loan servicer failed to adequately respond to a Qualified Written Request ( and an bona fide issue over whether there is a default or what amount was actually owed etc. ) ( 4 ) The lender or loan servicer ( agent of lender ) failed to follow the foreclosure rules ( ex. in regard to the notice of default / notice of sale / contact requirements under 2923.5 etc. ) ( 5 ) The default was " cured '' most likely due to a modification agreement / trial plan agreement etc. 

This settlement resolves an investigation by the United States Department of Justice ( " the Government '' ) into the administration of the Home Affordable Modification Program ( " HAMP '' ) by XXXX XXXX , XXXX ( " XXXX '' ). 
The Government 's investigation confirmed, and XXXX agreed, that there were numerous problems with XXXX 's administration of HAMP from XX/XX/XXXX through at least XX/XX/XXXX. This included, statements to customers that were not accurate, and thousands of homeowners who applied for a HAMP modification with XXXX suffering harms that included damage to their credit scores, excessive capitalized interest, and being prevented from making an informed choice about saving or disposing of their homes. Congress enacted the Fair Housing Act of XX/XX/XXXX in order to promote equal access to housing opportunities. The Fair Housing Act ( along with its amendments ) states that property owners, financial institutions, and landlords may not discriminate on the basis of race and national origin ( the Act also prohibits discrimination based on sex, religion, family status, XXXX, and more ). Specifically, property owners, financial institutions, and landlords may not take the following action ( or inaction ) based on race of the actual or potential buyer, tenant, or applicant : Refusing to rent or sell housing ; Refusing to negotiate for housing ; Making housing unavailable ; Providing different terms to different people