Bradley

Invalid Tax Lien fixed by county gov but Trans Union wont remove

Recommended Posts

For several years I have had a tax lien on my credit reports. When I first found it several years ago I investigated it and resolved it with my county and the county agreed it was an invalid tax lien. Then the county created a new docket number which read "Removal of Invalid Tax Lien".

Then I submitted this documentation to all the credit bureaus that listed the tax lien (Equifax, TransUnion, and Experian). All but one TransUnion deleted the tax lien.

Over the past years I have tried calling, writing letters, and even tried the their useless web form, but TransUnion will only reply back that the entry is verified and it is listed in my report as a negative as type: "RELEASE OF TAX LIEN".

I am sure TransUnion is only referring back to the original county docket number that is the tax lien and verifying it exists, but will not bother with the follow on county docket which removes the "invalid" tax lien.

What can I do at this point? Do I keep writing letters to TransUnion? I believe I have run out of things to say. Or can I get the county to contact the credit bureau. Will the county do that?

Hopefully someone has some idea on how to approach this problem?

Link to post
Share on other sites

I had a similar issue years ago with EX. TU is typically not that hard to 'crack', but problems are problems.

I solved it using Rapid ReScore. RR is a service offered by SOME credit reports vendors to their Mortgage Broker clients. It's expensive, demands documentation and must be ordered by a broker. You may be able to call around your area and find someone willing to order the service for you. Be aware, they may not know if their vendor offers this service (ask them if they know or would be willing to find out).

Other than RR, you may have to sue TU to get the PR removed. Even the (serious) threat of a lawsuit may be enough to get your file into 'special handling'. That, along with the documentation you have (including proof of your efforts to correct this - read 'willful noncompliance') may get you there without bringing someone else into the picture.

Before you do anything, I'd suggest you research both those options. Good luck!

Link to post
Share on other sites

Hi,

Thanks for sharing such wonderful post! I feel Since each state and locality has its own rules and procedures in place for tax lien properties it is important to first gain an understanding of these before you proceed.

Link to post
Share on other sites

ORIGINAL COMPLAINT

AND JURY DEMAND

JURISDICTION AND VENUE

1. This Court has jurisdiction pursuant to 28 U.S.C. § 1331, in that this dispute involves predominantly issues of federal law. Defendant EXPERIAN INFORMATION SOLUTIONS, INC. (“EXPERIAN”) is liable to the Plaintiff pursuant to provisions of the Fair Credit Reporting Act, 15 U.S.C. § 1681 – 1681x (the “FCRA”). The Court has jurisdiction under 15 U.S.C. § 1681p.

2. Venue lies in the LOCATION because each defendant resides in the Location. 28 U.S.C. § 1391(B)(1). A corporate defendant is deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced. 28 U.S.C. § 1391©. Defendant EXPERIAN is doing business in the LOCATION.

JURY DEMAND

3. Plaintiffs demand trial by jury.

PARTIES

4. Plaintiff resides in LOCATION. He is a “consumer” as defined by the FCRA, 15 U.S.C. § 1681a©.

5. Defendant EXPERIAN Information Solutions, Inc. is an Ohio corporation registered to do business in the State of Texas. EXPERIAN is a “consumer reporting agency” within the meaning of the FCRA, 15 U.S.C. § 1681a. Service of process on EXPERIAN can be made through its registered agent, CALL YOUR SECRETARY OF STATE OF REGISTERED AGENT.

FACTUAL ALLEGATIONS

6. On approximately DATE , the United States Department of the Treasury recorded a lien (the “IRS Lien”) against the property of Plaintiff in the COUNTY AND STATE land records, alleging that Plaintiff was indebted for unpaid federal income taxes. The lien was apparently recorded in Book 12938, Page 255 of those records.

7. Plaintiff paid the taxes due and the Treasury Department filed a release of the IRS Lien in 1998 with the COUNTY CLERK.

8. EXPERIAN added the information about the IRS Lien and its release to EXPERIAN’s database of consumer information.

9. In DATE , Plaintiff obtained a consumer report on himself from EXPERIAN. At that time, the report issued by EXPERIAN showed both the IRS Lien and its satisfaction.

11. Plaintiff’s son went to a Bank branch in to obtain credit. Plaintiff authorized the credit application for himself over the phone with a NAMEBank representative.

12. NAMEBank obtained, as part of its loan underwriting process, a consumer report from EXPERIAN.

13. The consumer report issued by EXPERIAN to NAMEBank on DATE showed the IRS Lien but did not show any satisfaction of the IRS Lien. Based on the apparently unsatisfied IRS Lien, NAMEBank turned down Plaintiff’s application for credit. NAMEBank sent a letter to Plaintiff at Plaintiff’s son’s address informing Plaintiff that his application for credit was denied for derogatory information on the EXPERIAN consumer report. The only derogatory information on Plaintiff’s EXPERIAN consumer report is the erroneous report of the unsatisfied IRS Lien.

14. Equifax Credit Information Services, Inc. is not currently reporting any information about either the IRS Lien or its release on Plaintiff’s consumer report.

15. Plaintiff suffered embarrassment and humiliation because of the incorrect information on the EXPERIAN consumer report.

STATEMENT OF CLAIM AGAINST EXPERIAN

16. On information and belief, EXPERIAN failed to maintain reasonable procedures to ensure the maximum possible accuracy of the consumer credit information it reported concerning Plaintiff.

17. EXPERIAN’s actions were willful, or in the alternative negligent, violations of the FCRA.

18. Plaintiff is entitled to actual damages, punitive damages, costs, and reasonable attorney’s fees.

WHEREFORE, the Plaintiff prays, after all due proceedings are had, there be judgment herein in favor of the Plaintiff and against the Defendant, as follows: enjoining Defendant from reporting the IRS Lien on Plaintiff’s consumer report; for all reasonable damages sustained by the Plaintiff; for punitive damages; and for attorney’s fees to the extent allowed by law, together with pre-judgment and post-judgment legal interest thereon.

The Plaintiffs further pray for all such additional, general and equitable relief as may be necessary and proper.

:)++

Link to post
Share on other sites
Guest
This topic is now closed to further replies.