Consumer complaint received 2020-08-14
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. (TX)

Complaint:
My mortgage company XXXX sold or restructured to become XXXX  is reporting my final payment for XX/XX/XXXX as 30 days past due. My account was paid on time for the last 10 years. As per RESPA and FCRA, during a transition period/transfer no negative reporting should be reported to the credit bureaus. The transfer from XXXX to XXXX occurred XX/XX/XXXX. I have a closed account with XXXX that is reporting past due and an open account with XXXX that is reporting paid as agreed. Due to the error by XXXX not notifying me of the transfer and providing me the ability to pay XX/XX/XXXX when I called and advising me that I had to wait until the transfer was complete to make a payment, I am requesting XXXX  to correct my XXXX account to closed, paid as agreed. The over 30 was caused by XXXX inability have timely and effective communication with there borrowers which has caused HARM to me and my husband. In XX/XX/XXXX, I was denied credit and employment due to inaccurate reporting by XXXX/XXXX. I  made several attempts to advise XXXX of there error and communicated with a non- USA representative XXXX XXXX XXXX who did not understand Credit Reporting or FCRA, I escalated XXXX and XXXX, USA team members and did not receive a response, I have all emails to evidence my attempt to advise XXXX of there violation of FCRA RESPA and FCRA. 
Violation 1 - ( b ) Notice By Transferor of Loan Servicing At Time of Transfer. Transfer shall be made to the borrower not less than 15 days before the effective date of transfer of the servicing of the mortgage loan. 
XXXX did not provide notice to us about the transfer. We found out that our account was being transferred on XX/XX/XXXX when we attempted to make a payment. At that time, no channel to make the payment was available. We were advised that the was a system problem with the transfer and our payment could not be accepted. Then on XX/XX/XXXX. XXXX reported our account as transferred 30 days late. 
Violation 2 - 12 U.S. Code 2605 - Servicing of mortgage loans and administration of escrow accounts ( d ) Treatment of loan payments during transfer period During the 60-day period beginning on the effective date of transfer of the servicing of any federally related mortgage loan, a late fee may not be imposed on the borrower with respect to any payment on such loan and no such payment may be treated as late for any other purposes, if the payment is received by the transferor servicer ( rather than the transferee servicerwho should properly receive payment ) before the due date applicable to such payment. 
Based on information that I have gathered, the effective day of the transfer was XX/XX/XXXX and the 30 days past due was reported on the XX/XX/XXXX. 
Violation 3 - 12 U.S. Code 2605 - Servicing of mortgage loans and administration of escrow accounts ( 3 ) Protection of credit rating During the 60-day period beginning on the date of the servicers receipt from any borrower of a qualified written request relating to a dispute regarding the borrowers payments, a servicer may not provide information regarding any overduepayment, owed by such borrower and relating to such period or qualified written request, to any consumer reporting agency ( as such term is defined under section 1681a of title 15 ). 

I was notified of the negative/inaccurate reporting as of XX/XX/XXXX. I promptly notified XXXX of the error and asked for correction with a Qualified Written Request/Notice of Error. I received correspondence that the reporting has been suppressed. Attached are screen shots of my credit report where it shows that as of XX/XX/XXXX, XXXX/XXXX  is reporting on my account Account XXXX. If XXXX/XXXX  perform a soft inquiry, it can be identified that the reporting has never been suppressed and that my account is reporting closed 30 days past due with a DOFD of XX/XX/XXXX. This account status that was reported is a final status and will negatively report for the next 7 years on my credit inaccurately if not corrected. I have received correspondence from XXXX/XXXX  payments prior to XX/XX/XXXX was not reported over 30 days, only XXXX payment reported 30. 

XXXX/XXXX  lreporting errors is impacting my credit and jeopardizing my job. I have been declined a car loan due to the reporting ( Attached ) I have made several attempts to correct this issue

Company response to consumer: Closed with explanation