North Carolina
County of Columbus
Affidavit
I, Mark, (((ROR removed for security purposes))) North Carolina, in the County of Columbus, being 18 years of age or older, sound mind, under no due influence disposes and says:
1. In September 2007 during a random check of my credit report, I discovered a 30 day derogatory by Homeq, my mortgage company.
2. I immediately contacted Homeq and was told that this was a mistake because they saw that they had received my payment and it was incorrectly applied and entered and the erroneous reporting would be corrected.
3. I was subsequently contacted by Homeq and was told that I was 30 days late in July 07 and if I had proof otherwise to send them, they would consider removing the issue from my credit.
4. I immediately sent Homeq copies of the check for the month that Homeq claimed I was late.
5. Homeq subsequently sent me a letter claiming that my circumstance was unfortunate but the derogatory could not be removed from my credit file.
6. Homeq refuses to remove the alleged 30 day derogatory and is now reporting derogatories for 7/07 and 8/07 as well.
7. I have been with Homeq for 10 years and never had a delinquency.
8. My mortgage with Homeq is about to be paid off.
9. Homeq never sent me any notice claiming that I was delinquent thereby giving me any chance to respond or keep such from damaging my credit.
10. I believe Homeqs lack of default notice to me is a violation of the Fair Debt Collections Act.
11. Online challenges to the 3 credit bureaus have resulted in the response that the creditor has verified this debt as valid.
12. Requests to Homeq for my complete file and payment history along with the initial contract for mortgage have gotten no response.
13. I received a letter from Homeq on October 10, 2007 claiming my concerns will be investigated.
14. I applied for a loan with Bank of America to finance braces for my 9 year old son on October 18, 2007and was turned down because Homeq was showing 3 consecutive months as late.
15. Several telephone calls to Homeq resulted with me speaking with Michelle, Josie and subsequently Jen of Homeq on October 19, 2007 regarding the showing of additional payments as being late in August and September.
16. Jen claiming to be a consumer relations supervisor rudely told me that she had
contacted the 3 bureaus and corrected the additional 2 months late showing.
17. Jen also said that I, nor any attorney couldnt do anything about any late showing for July and that the other months late showing were the credit bureaus fault and not Homeqs.
18. I requested a payoff from Josie and sent a final payment of $83.93 on 10-19-2007.
_________________________________
Mark
Date
Sworn to and subscribed before me, a Notary Public in the State of North Carolina, County of Columbus.
___________________________
Notary
Date
My Commission expires:_________________________________
I have hired an attorney and will be fileing a lawsuit.
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