Consumer complaint received 2024-10-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC. (FL)

I am writing to file a formal complaint for THE CRA 's inaccurately reporting my account as delinquent for seven consecutive months during my participation in a forbearance repayment plan with XXXXXXXX XXXX. These actions have significantly impacted my credit score and financial standing, despite XXXXXXXX XXXX failure to properly disclose the terms regarding credit reporting and their misleading statements about how my payments were being handled during the plan. 

XXXX XXXX XXXX Nature of the Complaint : 1. **Incorrect Credit Reporting : ** XXXX Mortgage reported my account as delinquent for seven months during a repayment plan established due to Hurricane Ian XXXX According to the agreement I entered with them, the understanding was that I would not be considered delinquent as long as I adhered to the terms of the forbearance. Despite this, XXXX inaccurately reported my payments as late during this time, directly violating the guidance provided by both the CARES Act and the Fair Credit Reporting Act ( FCRA ). 

**Violations : ** - **Fair Credit Reporting Act ( FCRA ) ** : Under the FCRA ( 15 U.S.C. 1681 ), information provided to credit bureaus must be accurate and truthful. By reporting my account as delinquent during a forbearance plan, XXXX knowingly provided misleading information, as they were aware I was participating in a program designed to assist borrowers in avoiding delinquencies caused by natural disasters. 
- **CARES Act Protections** : Under Section 4021 of the CARES Act, servicers are required to report the status of an account as current if the borrower was current prior to entering a forbearance agreement. My account should have been reported as " current '' while I complied with the terms of the forbearance. 

2. **Misleading Statements in Forbearance Agreement : ** XXXXXXXX XXXX repayment plan documentation did not adequately inform me that my account would be reported as delinquent until payments were caught up, which is contradictory to their obligations under the law. The agreement itself was vague, and nowhere did it state clearly that XXXX would continue to report the account as delinquent, even while I was in compliance with the plan. 

This constitutes a violation of **Truth in Lending Act ( TILA ) Regulation Z** ( 12 C.F.R. 1026 ), which requires clear, accurate, and timely disclosure of terms related to mortgage forbearance and repayment plans. I was not informed that my credit standing would suffer under this plan, which is misleading and unfair.

3. **Inconsistencies in Payment Processing : ** According to the attached documentation from XXXX and other communications, it appears that my payments were being held in a " suspense account '' until enough funds were accumulated to cover full payments. However, XXXX 's own documentation indicates that they will not report the account as delinquent while payments are being processed under a forbearance plan. Despite this, they continued to report my account as late, compounding the damage to my credit score. 

XXXXViolation** : This practice contradicts **Regulation X of the Real Estate Settlement Procedures Act ( RESPA ) **, which governs mortgage servicers ' obligations in managing escrow accounts and payment processing. By holding my payments in a suspense account and continuing to report my account as delinquent, XXXX has failed to follow RESPA 's guidelines. 

XXXX XXXX XXXX  Inaccuracies in the Final Response : In the attached **Final Response NoticeXXXX dated XX/XX/scrub>XXXX XXXX again asserts that they have properly reported the " true status '' of my account. However, their own documents ( attached ) show inaccuracies in how they applied and disclosed the terms of forbearance. They never clearly informed me that they would continue to report my account as delinquent until the account was fully caught up. This lack of transparency is in violation of **TILA** and further misled me about the impact this would have on my credit. 

I am seeking the removal of all late payments reported by XXXX during the forbearance and repayment plan period, as these reports are unjust, inaccurate, and in violation of federal law. The damage to my credit was avoidable had XXXX adhered to legal standards and properly disclosed the terms of the repayment plan. 

I request that the CFPB investigate this matter and work to ensure that the CRA corrects their reporting to reflect accurate, non-delinquent payments during the forbearance period. I am also seeking compensation for damages caused by their reporting errors and the harm to my credit score. 


Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  -- - This letter details the violations of the FCRA, CARES Act, TILA, and RESPA, as well as the inaccuracies in XXXX  documentation and how they mishandled my account.