Mortgage Broker Pulled Credit Without Permission Help!!

[bellagad]

Noticed A Unauthorized Inquiry that was done during our chapter 7 bk On Both Mine And My Wifes Credit Reports.we are since discharged and i am rebuiding our credit reports.i Did A Little More Digging. I Called Mortgage Info Source Who Pulled The Credit Reports And Was Informed That It Was Pulled Without Social Security Numbers All Zeros Were Placed In The Ss# Column. I Then Asked Them The Name Of Who Pulled The Report, It Was Someone I Knew From A Previous Deal Of Be Buying A Motorcycle From Them And Had No Other Dealings. I Then Called The Mortgage Company She Works For And Informed Them. They Said They Will See What They Can Do. I Have Been Denied A Mortgage Loan Twice Because Of This Inquiry. What Can I Do To The Mortgage Company That Employed This Person. As She Has Caused Me From Getting A Mortgage. What Leverage Do I Have. I Have Documentation Of The Credit Pull From Mortgage Info Source. Any Help Would Be Great.

[SinkingFast]

I was kind of hoping someone with some experience in this area would chime in for you. It's useful for all of us to learn how to handle these situations.

My best guess would be to dispute the Credit Inquiry with the CRA's. That you did not apply for credit with that particular Mortgage Lender and do not know why they pulled your Credit.

As a follow-up, maybe pay your BK attny to send the woman's Mortgage Company a threatening Letter. It seems to me, what she did was illegal in some way. If she pulled your Credit to verify you were qualified to purchase a motorcycle as part of a private deal, she abused her Corporate job priviledges of her employer. That Credit pull was in no way associated with a part of normal business functions or you applying for a loan with that company.

Maybe a threatening letter from an attny will make the Mortgage Lender ammend your Credit Reports with the CRA's.

[tinroofrusted]

Noticed A Unauthorized Inquiry that was done during our chapter 7 bk On Both Mine And My Wifes Credit Reports.we are since discharged and i am rebuiding our credit reports.i Did A Little More Digging. I Called Mortgage Info Source Who Pulled The Credit Reports And Was Informed That It Was Pulled Without Social Security Numbers All Zeros Were Placed In The Ss# Column. I Then Asked Them The Name Of Who Pulled The Report, It Was Someone I Knew From A Previous Deal Of Be Buying A Motorcycle From Them And Had No Other Dealings. I Then Called The Mortgage Company She Works For And Informed Them. They Said They Will See What They Can Do. I Have Been Denied A Mortgage Loan Twice Because Of This Inquiry. What Can I Do To The Mortgage Company That Employed This Person. As She Has Caused Me From Getting A Mortgage. What Leverage Do I Have. I Have Documentation Of The Credit Pull From Mortgage Info Source. Any Help Would Be Great.

I work for a mortgage company presently, and we are absolutely not allowed to pull anyone's credit without their permission.

I find it interesting that you have been denied a mortgage, because we encourage people to shop around, and it doesn't take the hit on your credit report, as people have been previously led to believe.

Call the manager of the mortgage company and have them investigate. They would be able to tell you the time and date of the pull, and should be able to track it down from there.

[bellagad]

thank you for your imput.here is where i am at.i never gave this person any reason to run my credit. it was a quick she was selling it and i bought it deal simple as that. talked to mortgage info source who pulled the report for freehold financial holding in az. on both me and my wife.i stated to them today why would i apply for a mortgage during a bankruptcy. furthermore how did she get our info by putting all zeros instead of ss numbers in the request.they couldnt explain. they did mention the name it of who pulled it which turned out to be the person i bought the bike from. since i was on the wagon i called the vp of freehold financial on friday and explained what happened and gave him the report number which i was able to obtain from mortgage info source. he promised me he would have it removed and she would be fired and i would here from him today. well today is over with and i took care of the inquiry problem directly with mortgage info source. i then called the mortgage broker i am working with here in tn. she informed me that the inquiry did effect mine and my wifes score since it was a hard pull.we are using the wifes credit report to try to get a mortgage, her middle score is 573 and we still cant get approved. all because of this crap, since freehold financial couldnt give me a call today i am sending them a letter concerning both inquirys they did and my intent to sue for 1,000.00 for each violation. i am also filling a complaint with the ftc, please tell me if i am on the right track... once again thank you all for your help also if anyone has a letter i can use please email it to me at [email protected]

and thank you to this forum and everyone who belongs to this board for all the useful info i have been able to use in repairing my credit over 80 pointes in less then 3 months...

[SinkingFast]

I would suggest, rather than an out right threat to sue for a specific amount, word the statement in a leading, yet open to interpretation way. Leading indicating that what you have planned is most definitely legal, but let their minds ponder exactly what you might do and for how much.

Ever notice children will administer a much harsher punishment than you would have if you let them decide??!!

And let them know that you are also informing the FTC. Maybe even include a copy of your letter to the FTC naming names and pointing the finger.

That might light a fire under their butts.

[bellagad]

here is the letter i was working on everyones imput would be great


Date 4/24/06
To: Freestand Financial Holding Corp.
License #BK 0905940
3200 N. Central Ave. #2450
Phoenix, AZ 85012-2435

Re: unauthorized and illegal credit inquiries
MiSource Mortgage Information
Report # xxxxxx

Attn. Mr. xxxxxx/Office of the Administrator/ Executive Offices AND Legal Department

Dear Mr xxxxxx

I called your office on 4/21/06 and spoke to you personally. I informed you that this call was one last ditch effort to resolve the illegal activity on both mine and my wifes credit reports in which illegal activity was done by your employee /branch manager xxxx xxxx . I was promised a return phone call from you confirming that the illegal inquiries would be deleted and your branch manager xxxxx xxxx would be terminated without hesitation. Mr xxxxxx, since you did not find it to be an urgent matter and remedy this matter in the agreed time per our conversation I was forced to take matters into my own hands and contact MiSource Mortgage Information who pulls credit reports on xxxxxxxxxxxxxxx behalf myself and try to remedy the problem.
Not only was I able to confirm illegal inquiries were done by your employee xxxxx xxxx I was able to receive proof in writing via fax from MiSource Mortgage Information.
There IS cause for action on my part. Me and my wife have been denied credit because of this erroneous entry, lost opportunity and suffered financial damages on two occasions.
This is also a demand for $2,000.00 in damages sustained by your blatant and willful disregard (willful and negligent noncompliance) for State and Federal Law.
This is $1,000.00 for each violation which and its employees are responsible for.
NOTICE OF INTENT TO SUE

It is a well settled legal principle that all efforts to resolve a dispute must be exhausted prior to filing a lawsuit. This notice is to serve that purpose.

Your willful and negligent non-compliance reached diseased proportions a with your disregard for this matter. This notice is to inform you that legal action is now immanent.
The information you are supplying to MiSource Mortgage Information is inaccurate and has been reporting incorrectly on our credit reports since 12/30/05

Due to the blatant and willful violations I am currently in the process of filing complaints with the Better Business Bureau, the Federal Trade Commission and the Arizona State Attorney General’s Office. Your failure to cure this matter will result in a lawsuit, possibly filed in Federal District Court for Statutory, Compensatory and Unspecified Punitive damages, in demand of a jury trial.
I also intend to subpoena all of your people that I've already spoken with on the phone including yourself your receptionist and also MiSource Mortgage Information employees micky and mouse who furnished me with proof of the illegal activity concerning this matter in an effort to resolve this matter.
are in violation of (but not limited to) the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, Defamation Of Character and Willful and Negligent Noncompliance, as well as the FTC's Unfair Trade Practices Act.

WARNING!

Section 1681s-2(b) of the Fair credit Reporting Act creates a cause of action for a consumer against furnishers of erroneous credit information (Nelson v. Chase Manhattan).


Final Offer To Cure

Send me the following documents via certified mail:

1) A letter stating that this derogatory information was reported to all 3 credit reporting agencies, and That all derogatory information will immediately and permanently be deleted from ALL credit files that are on mine and my wifes credit reports.
2) A copy of the Universal Data Form (UDF) and a statement that it has, in fact, been transmitted to Equifax, Experian, Trans Union,

Please don't further insult my intelligence by stating it may take 60-90 days. Your instruction, via fax, to CA1 and CA2 will take 10 minutes. They will spend 5 minutes filling out a UDF and another 5 minutes faxing it to the credit bureaus.

If you wish to notify me that you are agreeing to these terms of resolution you must send me a letter with your intent to me NO LATER than close of business May 9, 2006.

As you have seen, I keep very thorough records. Do I expect you to drop everything else you happen to be doing and resolve this immediately? ABSOLUTELY!
I have been fighting this damaging illegal activity for far to long and it needs to stop without hesitation. If you need to contact me in via phone I can be reached at . this letter will be faxed to your office as well as sent certified mail.
My lawsuit will be filed on May 10, 2006 if this matter is not resolved.

I look forward to your resolving this matter immediately, if not sooner.

Respectfully,

[aa06a47]

Wow bellagad, very impressive. They might offer you a job in there collection department LOL!!! Let me know if you get an out of court settlement.
I have a feeling they will ignore your letter and bet you won't sue. It is extremely expensive and there is probably little you can do to prove you actually sustained a loss because of it. Good luck with it.

I do have a question, is the mortgage company that pulled your report your own mortgage company? If so, you gave them permission to do so when you signed your mortgage, you just might now know it. Before you spend several thousands of dollars pursuing this in court, which your course of action indicates, (your probably looking at court/attorney cost in the 6 figures if you do everything you say), you might want to check your mortgage papers you signed. Mine clearly states they are able to pull credit reports from time to time.... many credit cards have that fine print on them as well.

Also, I see your extremely mad and flustrated, I suggest you might consider toning it down just a bit.

[bellagad]

i dont own a house i am still renting. and when the credit report was pulled i wasnt even looking for a house. we didnt even consider buying a house until april. i also recorded all the conversations with everyone i spoke with. i have every intent to sue these idiots

[SinkingFast]

Might I suggest you give them a much shorter time frame to respond than May 9th??

Something like 5 business days from receipt of your letter. Also send the letter via USPS Priority or Overnight.

There's a new signature delivery confirmation thing that's cheaper than the Green "return mail" card thing they stick on. This one is reddish pink and looks like the green Delivery Confirmation sticky.

The neat thing about the new reddish pink sticky is you can track it on-line AND once it's delivered you can request a copy of the signature of the person who signed for it via Internet. It's really kewl. You can print copies of the tracking and the actual signature from your own computer and save them to file as well.

Can you tell we have been dealing with a troublesome landlord lately??!! Guess how our rent payments get sent??!! Priority with the new Signature Delivery Confirmation so I can print out all the docs and keep them as proof for down the road. Must always CYA, most especially when you're dealing with people you know have already lied to you and cheated you once before.

[bellagad]

i recieved a call yesterday from the vp of the company he said he would call me after he terminated the employee and had the illegal inquiry removed. needless to say he was supposed to call monday and when he did not i was forced to fix the problem myself. i faxed him the letter yesterday and he called again last night to tell me he never said he would call me back, when i asked him to confirm that he fired the employee in writing he changed the subject. i then said i have proof of our agreement and i played the tape and he then asked on how we could remedy the problem without dragging his company through the mud. i said if you read the whole letter i faxed and mailed to you it says that the intent to sue for 2,000.00 letter says it all. i then told him he could call again if he wishs to discuss a settlement, we will see what happens

[aa06a47]

i recieved a call yesterday from the vp of the company he said he would call me after he terminated the employee and had the illegal inquiry removed. needless to say he was supposed to call monday and when he did not i was forced to fix the problem myself. i faxed him the letter yesterday and he called again last night to tell me he never said he would call me back, when i asked him to confirm that he fired the employee in writing he changed the subject. i then said i have proof of our agreement and i played the tape and he then asked on how we could remedy the problem without dragging his company through the mud. i said if you read the whole letter i faxed and mailed to you it says that the intent to sue for 2,000.00 letter says it all. i then told him he could call again if he wishs to discuss a settlement, we will see what happens

Do you really want this individual terminated? Did you really get letters saying you were turned down for a loan because of 1 credit inquirey? Did your BK (assuming since your in this forum) not play any part of being turned down for a loan? I seriously doubt 1 credit pull kept you from a loan. Credit History / Income / Income/Debt ratio all come in to play way before credit inquireys. I'm just saying that I doubt a credit pull kept you from getting a loan, especially if it was just 1 credit pull.

I am not trying in anyway to say you don't have a case, people just can't pull credit reports up without a reason, but let's get real here. Did they fire the person, probably not. Are they going to, probably not. Is that what you want?

[Samantha]

I am a mortgage broker and No one is allowed to pull your credit with out you signing and authorization stating so If this person did she can go to jail for this and you can sue the company. What they are doing in their company is illegal. I am so sorry that this mess up your credit. For the VP not to do anything about the issue that tells a lot about the company. I you need help improving your credit please let me know i can give you advice in how to improve your credit so you can get approve for a home loan. If you have any questions or concern please forward your email I will be more than happy to help.

[anonymuse]

i recieved a call yesterday from the vp of the company he said he would call me after he terminated the employee and had the illegal inquiry removed. needless to say he was supposed to call monday and when he did not i was forced to fix the problem myself. i faxed him the letter yesterday and he called again last night to tell me he never said he would call me back, when i asked him to confirm that he fired the employee in writing he changed the subject. i then said i have proof of our agreement and i played the tape and he then asked on how we could remedy the problem without dragging his company through the mud. i said if you read the whole letter i faxed and mailed to you it says that the intent to sue for 2,000.00 letter says it all. i then told him he could call again if he wishs to discuss a settlement, we will see what happens

On the other hand, it is illegal for him to update you on the status of the employee. He can only say that the issue is being dealt with and appropriate action will be taken. That employee has rights also. He should have never told you that he would fire the employee.

[bellagad]

this is the reply i just recieved from the federal trade commission

Thank you for visiting the FTC's web page and for using our NEW electronic Talk To Us form. Here's what happened to your information after you sent it to us:
One of our consumer counselors reviewed the information you sent us. If it was related to the FTC's law enforcement responsibilities, we entered it into our shared law enforcement data system. We share this data system with law enforcement agencies throughout the United States and Canada. Attached is your electronic response, which includes your reference number. Any enclosures can be found at www.FTC.GOV under the News Releases, Publications, Speeches option.
Information from consumers like you helps Federal, State and Local authorities investigate possible illegal practices and enforce our laws. Someone from the Federal Trade Commission or another law enforcement agency may contact you if they need additional information to help them in an investigation.
Thank you for using our Talk To Us form, and please continue to use the FTC's web page, www.ftc.gov, to get free information to help you avoid costly consumer problems.

[anonymuse]

GOOD JOB!!