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Lender placed "in dispute" on our credit file

I called my mortgage company recently about a mistake which caused us to be 30 days late. I contacted them to discuss the situation b/c the rep had told me that I had paid in a time frame that it would not be reported as 30 days late. When I noticed they did indeed report me, I called them back to have the matter reviewed and the call referenced. Since then, I received a letter that they could not change the status but placed the matter as "In Dispute" with Equifax, etc. I never asked them to initiate a dispute and in the letter they replied that they are not changing the 30 day late status. I can deal with that, but will the "in dispute" come off of my credit file?? If I wanted to initiate a dispute with them, I would've done so on my own. I'm now wanting the "in dispute" removed but I don't necessarily wish to talk to the mortgage company about it for fear of more reprisals. by Offsui_867_345 from Charleston, West Virginia. Apr 28th 2012 Reply


Todd Tholl (toddtholl@leader1.com)
#4 ranked lender in Iowa - 239 contributions

I would have both items removed. If you were not 30 days late, it shouldn't be reported that way.

Apr 29th 2012
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Brett Pehrson (brettpehrson)
#19 ranked lender in Utah - 228 contributions

The way that should report on your credit then is a statement that says "disputed by consumer" and will only be that way until the dispute is resolved itself. So, it should eventually be removed, but won't hurt your credit while it's on there; if you're applying for credit, like a new mortgage, etc., in the near term, then you'll want to get that language removed prior to applying for that as the new mortgage guidelines are requiring disputes to be resolved on outstanding balances. If it was your mortgage company's mistake, though, you should continue to try to get that 30 day late removed; that will hurt your credit considerably in the near term. If that is the case, then you should request, in writing, any and all information your mortgage company has on file that supports their right to report the mortgage late on your credit. Just remember that the FACTA Act requires any information on your report to be verifiable, complete and accurate.

Apr 28th 2012
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They sent me a letter stating that they would not correct the 30 day late but that they would report the "in dispute" to the reporting agencies. So must I go to the reporting agencies to tell them to remove the "in dispute" language because technically it is resolved. The company isn't budging. Therefore the dispute is resolved but my file still says in dispute. Is there a concrete period of time from when the creditor issued that statement "on my behalf" to when that dispute gets changed to resolved. Should I ask the lender to have the "in dispute" portion removed?

Apr 28th 2012
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Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,848 contributions

What you don't tell us is "what is your score" today? A one time 30-day late on a overall good credit report is absolutely nothing to worry about. This brings up another over hyped consumer issue... Inquiries on your credit report effecting your score. For 90% of people, an inquiry is nothing to be concerned about. The only time you need to have a slight concern is if you have A LOT (over 10) inquiries in the past 90 days.

Apr 29th 2012
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Bert Carpenter (BertCarpenter)
#37 ranked lender in Arizona - 2,431 contributions

First of all, either you were or you were not 30 days late. If you payment was due on March 1 and the payment is not received by the bank by the close of business on March 31, then you are 30 days late. If they had the payment, but failed to apply the payment to your account, that is another matter. Let's assume that you really were late. You disputed it because they gave you false information that could impact the reporting. They researched it and said the payment was late and if you accept that, then they have no reason under the FCRA to continue to report the dispute. Many banks are staffed by sorry little people who just like to make other people's lives miserable. This is one of the ways that they do it. Go to my Lender411 profile and send me an email asking for my Dispute Resolution letter. I have a letter written by the Credit Bureaus that will get them to remove the dispute even if the bank won't. I'll be happy to send you a copy. Once you get the letter to the Bureaus, they will tell the bank to remove the dispute, and the bureau will remove it from your file. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com

Apr 29th 2012
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