Methuss Posted March 9, 2005 Report Share Posted March 9, 2005 OK here's the sit-rep:I refinanced my home loan on September 23 last year.Recission period ended on September 28.Funding occurred on September 28.Payoff was wired to Countrywide on September 29.Wire transfer was confirmed the morning of September 30.Countrywide posted a 30day late on my credit report, claiming payment was received after October 1.I got a copy of the wire transfer confirmation today and it reads Sept 30 CONFIRMED RECEIPT.I was declined a $25,000 SBA loan because of the late pay on my credit report.Countrywide has refused in writing and in two phone calls to correct the error.So what do the lawyers think about this one? Link to comment Share on other sites More sharing options...
divemedic Posted March 9, 2005 Report Share Posted March 9, 2005 Seems like a slam dunk FCRA violation to me Link to comment Share on other sites More sharing options...
Methuss Posted March 10, 2005 Author Report Share Posted March 10, 2005 I seem to recall that mortgage servicers were required to post payments on the day they received them. Anyone remember which law or regulation specifies this? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted March 10, 2005 Report Share Posted March 10, 2005 I think there was a federal statue on this Fair billing act? Check the RESPA statues as well at HUD. How far up the ladder are you with countrywide yet? Contact the execs yet? Link to comment Share on other sites More sharing options...
Methuss Posted March 10, 2005 Author Report Share Posted March 10, 2005 I'm about ready to send a letter to their legal division. I have a name and address. Calling was somewhat disconcerting. As with any big business you get the automated answer system...but with CW's law department their system says the following:Press 1 if you know your party's extensionPress 2 if you would like to notify us of a subpeona....Geez. Right on the main menu is a place to tell them you're dragging their asses into court. Link to comment Share on other sites More sharing options...
Guest Posted March 10, 2005 Report Share Posted March 10, 2005 Applied for Mortgage with them. Never got a denial notice in the mail.. never heard from them after the rep working our application had a heart attack.Lawyer thought it was a good case.They sent him a copy of our Adverse Action notice.. NO ADDRESS WHATSOEVER.Slam dunk ECOA right??Lawyer wouldn't argue it and we had to let it go.I wiould LOVE to pursue it but.. eh.. what do I know? Link to comment Share on other sites More sharing options...
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