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Disputes Removed-Burden of Proof

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Anonymous
Not applicable

Disputes Removed-Burden of Proof

Howdy all,

 

Well, we are in the middle of our loan app which has passed Au with approve/eligible.  The loan officer has outlined some conditions, one of which was to remove dispute remarks on 3 equifax accounts.  Well, called our good friend Dorothy who quickly removed the dispute remarks and had a confirmation statement sent.  Unfortunately, the statement they provided is not good enough for our loan processor.

 

This evening she (lo) calls and says the statement came from an Equifax affiliate, CSC Credit Services.  They are unable to verify the relationship to Equifax, but moreover, what they are needing is a letter from the CRA's verifying the dispute comments have been removed.  Has anyone had any experience with this?  I'm hesitant to contact the CRA's as they may refuse and instead demand payment, or offer to with a promise of payment; something along those lines.  The accounts are all over 6 years old, so my other option is to wait another 18 months or so and reapply.  I asked the loan officer if a letter on Equifax letterhead would suffice, but she is not budging; the letters must be on the CRA's letterhead.

 

While I'm on the subject, I do have another question.  The loan officer is also asking for terms/conditions on retirement plan regarding withdrawing money for down payment/reserves.  I explained to them we are not intending to use retirement money as my pension plan does not allow for withdrawls outside of retirement or seperation from the company and did not intend it as reserves.  It is my understanding that FHA does not require reserves except in situations where compensating factors are needed.  The retirement plan is worth almost $30k.  This was explained prior to submitting the app.  She explained they only need it for their documentation and is not being considered as reserves or for down payment as we have an AU approval already.  I'm rather skeptical as the dti she calculated is 46% back end and mid score is at 640 TU (FHA loan).

 

Any thoughts on the matters?  Thanks!

Message 1 of 6
5 REPLIES 5
Booner72
Senior Contributor

Re: Disputes Removed-Burden of Proof

I always thought they could just run a new report to see if the dispute comments are removed or not.  I have never read of this letter situation.  hhhhmmmmmm

 

Regarding the 401K - just show them the statement.  You really need to get used to providing blood when it is called for.  Smiley Happy

 

Regarding waiting 18 months - if that is even in your mind as something you are contemplating, then maybe you should push the PAUSE button for a minute.  I don't think anyone should buy a house if they are at all unsure.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 2 of 6
ripper998
New Contributor

Re: Disputes Removed-Burden of Proof

They may just want the statement from your 401k to see if you can make a financial hardship withdrawl if needed.  We had to do the same thing for both of our 401k accounts even though we are only pulling from my wifes for our downpayment.  It goes to showing your assests and its liquidity in a time of need after you buy your house is my guess.

 

To your first problem, when do you close? Can you switch to a new LO?  Doesnt sound right to me.

Message 3 of 6
rckstrscott
Valued Contributor

Re: Disputes Removed-Burden of Proof


@Anonymous wrote:

Howdy all,

 

Well, we are in the middle of our loan app which has passed Au with approve/eligible.  The loan officer has outlined some conditions, one of which was to remove dispute remarks on 3 equifax accounts.  Well, called our good friend Dorothy who quickly removed the dispute remarks and had a confirmation statement sent.  Unfortunately, the statement they provided is not good enough for our loan processor.

 

This evening she (lo) calls and says the statement came from an Equifax affiliate, CSC Credit Services.  They are unable to verify the relationship to Equifax, but moreover, what they are needing is a letter from the CRA's verifying the dispute comments have been removed.  Has anyone had any experience with this?  I'm hesitant to contact the CRA's as they may refuse and instead demand payment, or offer to with a promise of payment; something along those lines.  The accounts are all over 6 years old, so my other option is to wait another 18 months or so and reapply.  I asked the loan officer if a letter on Equifax letterhead would suffice, but she is not budging; the letters must be on the CRA's letterhead.

 

While I'm on the subject, I do have another question.  The loan officer is also asking for terms/conditions on retirement plan regarding withdrawing money for down payment/reserves.  I explained to them we are not intending to use retirement money as my pension plan does not allow for withdrawls outside of retirement or seperation from the company and did not intend it as reserves.  It is my understanding that FHA does not require reserves except in situations where compensating factors are needed.  The retirement plan is worth almost $30k.  This was explained prior to submitting the app.  She explained they only need it for their documentation and is not being considered as reserves or for down payment as we have an AU approval already.  I'm rather skeptical as the dti she calculated is 46% back end and mid score is at 640 TU (FHA loan).

 

Any thoughts on the matters?  Thanks!


I am confused.. Equifax is a CRA... do you mean letters from the CA (collection agency)?

 

If that is the case, if they are unpaid, I am suprised they haven't required you to have them paid. Are they medical? I agree it may be difficult to get the CA to provide a letter verifiying the disputes removed... I am at a loss, I don't understand how just re-running the report wouldn't be enough... maybe a LO can chime in?

 

-scott

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 4 of 6
Anonymous
Not applicable

Re: Disputes Removed-Burden of Proof

Well, we shouldn't close for several more months, but the approval needs to be completed within 45 days of app or something. She's stating 02/29/12.

 

Yes Scott, meant CA, not CRA.  Sorry for the confusion.

 

We really would like to move this year as we just had our 3rd child and have really outgrown our current 1000 sqft home with only 1 restroom. 

 

To update the requirements, speaking to all 3 CA, 2 of them have agreed to fax the letter provided I fax them the request.  Third CA told me they stopped reporting the account as of 02/19/2012 as it's past 7 years.  As such, they can not provide the requested letter.  I'm not sure how my LO is going to take this as she was being pretty difficult.  Normally, I'd be ecstatic about the removal.

 

I'm now thinking maybe I should just scratch this loan and try starting over with a whole new lender.  Bad idea?

Message 5 of 6
ripper998
New Contributor

Re: Disputes Removed-Burden of Proof

Whats the harm in starting over if they are going to reset the approval process anyway.

Message 6 of 6
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