Consumer complaint received 2024-06-24
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: Data Mortgage Inc. (GA)

I am writing to formally file a complaint against Essex/Data Mortgage XXXX XXXX, and XXXX for their inaccurate reporting of a late payment and the CFPB 's failure to thoroughly investigate my previous complaints. I am a single mother of XXXX children, working tirelessly at XXXX jobs to ensure I stay on top of my financial responsibilities. Despite my efforts, I have been subjected to what I believe are discriminatory tactics and possible retaliation by Essex/Data Mortgage , severely impacting my credit score and financial stability. 

Background and Previous Servicer : I have been with my previous mortgage servicer for XXXX years without a single late payment. Despite facing significant challenges, including a year-long layoff, XXXX layoffs, and illness, I managed to stay current on my mortgage payments. 

Loss Mitigation and Payment Arrangements : Before Essex/Data Mortgage took over my mortgage on XX/XX/2023, I was under loss mitigation protection due to my financial hardships. This protection ended on XX/XX/XXXX, and my XXXX payment was made. During this period, I applied for the Homeowner Assistance Fund ( HAF ) program through the state of XXXX and informed my previous servicer, who set up a payment arrangement for XXXX, XXXX, and XXXX to assist me. 

Payment Plan and Assurances : The payment plan was set up with the understanding that as long as I made all XXXX payments before the end of XXXX, I would be protected. There were no stipulations on when the payments could be made within this period. I communicated this payment arrangement to the new servicer, and their representative assured me that the plan was still valid and that I would be protected either way due to the loan transfer protection. 

Disputes and Incorrect Reporting : Despite setting up a payment arrangement, Essex/Data Mortgage reported my XXXX payment as late, which I successfully disputed. However, they subsequently reported my XXXX and XXXX payments as late in retaliation. After my dispute, they removed the XXXX late payment but left the XXXX late payment. This reporting is inaccurate as my payments were made according to the arrangement. 

Essex/Data Mortgage incorrectly claims that the protection ended on XX/XX/XXXX and that my payment on XX/XX/XXXX was late. This contradicts the assurances I received from their representative, who confirmed that as long as the payments were made by the end of XXXX, I was compliant with the previous payment arrangement set up with my previous servicer. Despite requesting recordings of these conversations to confirm the arrangement, Essex/Data Mortgage has refused to provide them, which is a violation of consumer rights under the Fair Debt Collection Practices Act ( FDCPA ). 

Retaliation and Discrimination : I believe that the actions taken by XXXX Mortgage are retaliatory and discriminatory. This belief is supported by the following : Failure to follow through on their verbal and written agreements. 
Not sending a breach of settlement/arrangement letter as legally required. 
Incorrectly reporting that I vacated my home to my insurance company without notifying me, a tactic that could be seen as an attempt to destabilize my living situation and intimidate me. 

CFPB 's Lack of Action : Despite filing XXXX complaints with the CFPB regarding Essex/Data Mortgage XXXX XXXX, and XXXX, the CFPB has allowed this issue to prolong, taking over XXXX months to respond to my complaints. This lack of timely and thorough investigation has permitted these companies to continue their harmful practices unchecked, causing significant financial and emotional distress to my family and me. 

Legal Violations The following laws have been violated : Fair Credit Reporting Act ( FCRA ) for inaccurate credit reporting and failure to correct errors. 
Real Estate Settlement Procedures Act ( RESPA ) for not honoring the payment arrangement and not providing required notices. 
Fair Debt Collection Practices Act ( FDCPA ) for harassment and refusal to provide requested recordings. 
I have provided extensive documentation, including notes from the company 's representatives, verification of my Georgia HAF application, and evidence of the payment arrangements and disputes. Despite my efforts, these companies have continued to report inaccurately, causing severe distress and impacting my mental health to the point where I am now on anxiety medication.

I am requesting that the CFPB conduct a thorough investigation into this matter, hold Essex/Data Mortgage XXXX XXXX, and XXXX accountable for their actions, and ensure the immediate removal of the incorrect late payment from my credit report. The ongoing inaccuracies and lack of resolution have caused significant financial and emotional harm to me and my family.