Consumer complaint received 2019-03-30
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC. (RI)

This complaint is against our mortgage lender, XXXX XXXX XXXX for refusing to report payments accurately to credit bureaus. We filed Chapter XXXX Personal Bankruptcy in XX/XX/XXXX. We were 2-3 monthly payments behind on our mortgage ( established XX/XX/XXXX ), which our lawyer said could be included in the bankruptcy, so we could start with clean slate on our mortage the following month. We began immediately getting calls and mail about foreclosure due to delinquency from XXXX XXXX We worked that year to pay in full the additional three payments that were behind ( and majority of late payments ), while also paying our regular monthly amounts ( {$1100.00} ). We have additional loan of {$34.00} per month with XXXX XXXX for initial down payment amount that we have paid as well. Since that time, we have kept current with our mortgage payments ( 6.5 total years of making payments ).

We requested our three credit reports last year after being initially denied a used car loan. We discovered that on two of the major bureau reports ( Equifax and XXXX  ), our mortgage is listed as discharged under the XXXX Bankruptcy and closed with no further payments made. The third one does list payments being made. 
I initiated an investigation with both bureaus to check with XXXX XXXX XXXX to verify the account status is still open, current and payments have been made since XXXX XXXX bankruptcy filing. Both bureaus reported back that XXXX XXXX  did not verify payments and stated that the credit reports are accurate as they stand. 
I then called XXXX XXXX and talked to a gentleman who stated that since our attorney did not file a mortgage affirmation document, they do not have to report payments, as it is considered a bankruptcy. I asked him then if that meant that we did not have to make payments all these years as we have done. He told me that of course we had to make payments, or they would foreclose on us. I later wrote to XXXX XXXX to ask what we needed to do to reaffirm our mortgage, if there was a form that we needed to provide. I was told to talk to a lawyer. 
After doing research and seeking legal advice, I found that a loan affirmation isn't possible so many years after bankruptcy, and that it is not recommended. I also found that it is against the Federal Fair  Credit Reporting Act for a business or lender to withhold information or not accurately report if you are making payments. We have made every single required payment on our mortgage now for almost seven ( 7 ) years. While our personal bankruptcy did negatively impact our credit score and report, we feel that the current status of showing that our entire mortgage debt was discharged and now closed with no further payments has a huge impact on our credit rating. A mortgage is usually the highest monthly payments people make in their lifetime, and we would like credit for making these payments and keeping current with our mortgage. We feel that by refusing to accurately report our payments, XXXX XXXX XXXX is not adhering to fair credit reporting practices. We have tried to rectify this situation on our own by contacting the credit reporting bureaus, XXXX XXXX XXXX several times, and by seeking legal advice. We are asking for assistance in having XXXX XXXX  accurately report our payments.