Consumer complaint received 2025-04-16 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC.
State: KS

Complaint narrative:
I am filing this formal complaint against XXXXXXXX XXXX XXXXXXXX for unlawfully servicing my mortgage, violating my rights under both contract law and federal consumer protection laws, and reporting inaccurate information to credit reporting agencies. These actions have caused material harm to my credit profile and financial opportunities. 

Nature of the Complaint I originally executed a mortgage agreement with a different, original lender. At no point did I knowingly or willingly enter into a contractual relationship with XXXXXXXX XXXX XXXXXXXX. I have no recollection of receiving proper notice of assignment or consented to any agreement allowing them to service or claim rights to my mortgage. 
Further, I have substantial reason to believe that due to XXXXXXXX XXXX transactional structure, my promissory note has already been satisfied, sold, or securitized, which fundamentally alters their standing and authority to enforce or continue reporting this obligation. 

Violations Cited 1. UCC 3-305 Defenses and Claims in Recoupment : A borrower has the right to assert defenses if a holder is not in due course. XXXX XXXX has not demonstrated proof of ownership, assignment, or servicing rights, and is therefore in violation of this commercial code provision. 
2. UCC 3-501 Presentment and Demand for Instrument : I am entitled to demand proof of the promissory note. Failure to present the original, wet-ink signed noteor disclose the terms under which it was sold or destroyedmeans the obligation is satisfied or discharged under commercial law.

3. 15 U.S.C. 1681s-2 ( b ) Fair Credit Reporting Act ( FCRA ) : Credit furnishers must report accurate and verifiable information. XXXX XXXX continues to report this account as active and delinquent, which is false, misleading, and materially damaging to my credit standing. 
4. 15 U.S.C. 1692e Fair Debt Collection Practices Act ( FDCPA ) : By claiming servicing rights they can not validate, Freedom Mortgage may be misrepresenting the nature and legal status of the debt.

5. UCC 1-308 Reservation of Rights : I do not waive any rights and assert that I do not recognize Freedom Mortgage as a valid party to this obligation unless they can produce a lawful, executed contract binding me to their servicing authority.

Requested Relief 1. Proof of Original Note or Confirmation of Satisfaction : If my promissory note was sold, satisfied, or destroyed through securitization or other financial structuring, I demand a full audit trail showing the amount it was sold for and confirmation that the obligation has been satisfied.

2. Credit Update or Deletion with Prejudice : Because Freedom Mortgage can not validate the note and has no lawful servicing contract with me, I demand this account be either : Updated to Paid in Full / Current OR Deleted entirely with prejudice from all major credit reporting agencies due to its inaccuracy and unverifiability. 
3. Compensation for Rights Violations : Due to the continued inaccurate reporting and contractual violations, I have been denied financing for both a home and a vehicle. I am seeking monetary compensation for these missed opportunities, reputational damage, and stress caused by this issue.

Conclusion I respectfully request the CFPB investigate the actions of XXXX XXXX XXXXXXXX for violating both contractual law and federal consumer protections, and compel them to correct these violations immediately. This complaint is submitted under UCC 1-308, reserving all rights without prejudice.

Company response to consumer: Closed with non-monetary relief