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Established Contributor
Posts: 691
Registered: ‎01-18-2010
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Citimortgage dispute

About 4-5 years ago in the process of doing a refi, we found out Citi was reporting us late, 30, 60, 90 days unbeknownst to us which was interfering with the refi and find out that they had lost a check so, each subsequent mortgage payment was carried forward or not applied. We got out cancelled checks and showed that we weren't late or in arrears. We paid an attorney to dispute this with Citi and they agreed to correct everything.

Now, I find out they didn't correct the 30,60, 90 late that shows as derogatory despite being closed and paid off.

I don't want to go back to the attorney to re-open this dispute and pay him again!

 

Any suggestions? 

11/14/14 Total CL $1,100; 5/15/15 Total CL $133K
Frequent Contributor
Posts: 473
Registered: ‎03-06-2007
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Re: Citimortgage dispute


stagefoursurvivor wrote:

About 4-5 years ago in the process of doing a refi, we found out Citi was reporting us late, 30, 60, 90 days unbeknownst to us which was interfering with the refi and find out that they had lost a check so, each subsequent mortgage payment was carried forward or not applied. We got out cancelled checks and showed that we weren't late or in arrears. We paid an attorney to dispute this with Citi and they agreed to correct everything.

Now, I find out they didn't correct the 30,60, 90 late that shows as derogatory despite being closed and paid off.

I don't want to go back to the attorney to re-open this dispute and pay him again!

 

Any suggestions? 


 

Have these lates denied you of getting either another mortgage or credit?  You might be able to sue.  I would contact the attorney that orig handled this and tell them they have not corrected their mistakes.  If they have admitted that it was their mistakes that caused the 30-90 day lates then their responsible for it.  You could have your attoney file a case to aleast get back all past and now recent fees to fix it as well as them contacting the credit burs to fix this.  A 30 day late on a mortgage is treated as a foreclosure to pretty much any mortgage lender/broker, so you would want atleast that corrected.
Established Contributor
Posts: 691
Registered: ‎01-18-2010
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Re: Citimortgage dispute

Steelfan,

 

The problem is I don't want to pay the attorney again! He'll be happy to do whatever is necessary but, it's not his fault Citi didn't correct the CRA. So, he wants $2K as a retainer to correct it. 

11/14/14 Total CL $1,100; 5/15/15 Total CL $133K
Senior Contributor
Posts: 3,299
Registered: ‎04-22-2008
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Re: Citimortgage dispute

Contact the mortgage company directly and they should be able to work it out with you.  If not, dispute it directly with each credit bureau.
Regular Contributor
Posts: 248
Registered: ‎09-04-2008
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Re: Citimortgage dispute

And if that doesn't work and the only option you're left with is legal suit, sue for the damages PLUS your attorney fees. That way, you ultimately won't have to pay your attorney.
Frequent Contributor
Posts: 473
Registered: ‎03-06-2007
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Re: Citimortgage dispute


stagefoursurvivor wrote:

Steelfan,

 

The problem is I don't want to pay the attorney again! He'll be happy to do whatever is necessary but, it's not his fault Citi didn't correct the CRA. So, he wants $2K as a retainer to correct it. 


 

If you were to file a lawsuit you would be able to sue for all attorney fees both past and present to be paid by them.  This attorney should be able to tell that you have a legit case of their wrong doing and not correcting it even after they admitted it and agreed to fix it.  That would give you ground to likely be able to sue for a lot more than just attorney fees which would line your attorney's pockets.  At worst you could sue in small claims court which doesnt require a attorney. The max payout varies by state but usually anywhere between 5,000-10,000

Valued Contributor
Posts: 2,682
Registered: ‎07-29-2009
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Re: Citimortgage dispute


stagefoursurvivor wrote:

About 4-5 years ago in the process of doing a refi, we found out Citi was reporting us late, 30, 60, 90 days unbeknownst to us which was interfering with the refi and find out that they had lost a check so, each subsequent mortgage payment was carried forward or not applied. We got out cancelled checks and showed that we weren't late or in arrears. We paid an attorney to dispute this with Citi and they agreed to correct everything.

Now, I find out they didn't correct the 30,60, 90 late that shows as derogatory despite being closed and paid off.

I don't want to go back to the attorney to re-open this dispute and pay him again!

 

Any suggestions? 


In my opinion, your attorney didn't finish the job you paid him to do. He should have followed up on this at the time. I would remind him of that. You paid him, and he only did half the job.

 

Also, what happened to you is one of the reasons I encourage credit monitoring. If you had known from day one that Citimortgage had lost a check, you could have had this taken care of immediately....instead of now having a 30-60-90 plus all the expenses. Problems are more easily taken care of immediately after they happen than they are once they become ancient history. A lot of people see credit monitoring as simply for identity theft, and no one ever thinks it will happen to them. In real life, credit monitoring can catch all the things that can go wrong...either by our own mistakes or by one of our creditors.

Established Contributor
Posts: 691
Registered: ‎01-18-2010
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Re: Citimortgage dispute

Lynette,

 

I don't disagree with your assessment of the job being incomplete, OTOH we have no leverage with the attorney to MAKE him finish the job without additional payment.

 

Credit monitoring, yes indeed. Now the "barn door" is closed ;-) 

11/14/14 Total CL $1,100; 5/15/15 Total CL $133K
Established Contributor
Posts: 992
Registered: ‎05-14-2008
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Re: Citimortgage dispute


LynetteM wrote:

 

Also, what happened to you is one of the reasons I encourage credit monitoring. If you had known from day one that Citimortgage had lost a check, you could have had this taken care of immediately....instead of now having a 30-60-90 plus all the expenses. Problems are more easily taken care of immediately after they happen than they are once they become ancient history. A lot of people see credit monitoring as simply for identity theft, and no one ever thinks it will happen to them. In real life, credit monitoring can catch all the things that can go wrong...either by our own mistakes or by one of our creditors.


Along with credit monitoring we should also check each account monthly online.  I have a mortgage from CitiMortgage and I log on each month just to make sure my autopay has been applied to the account.  If it wasn't I could correct the error before any damage occurred.  No problems so far in 6 1/2 years, but it never hurts to check up on these things.

Established Contributor
Posts: 691
Registered: ‎01-18-2010
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Re: Citimortgage dispute

Yes, this was a crazy situation. We were never notified and only found out because we were doing a refi. After faxing copies of cancelled checks they made us current but, left the 30, 60, 90 late from prior months.
11/14/14 Total CL $1,100; 5/15/15 Total CL $133K
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