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BOA - "late" mortgage payment

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Anonymous
Not applicable

BOA - "late" mortgage payment

I was late on a payment when I allegedly entered my account information online incorrectly.

 

BOA has periodically removed my account information and changed my usernames over time to eminate confusion especially when I tried to obtain a HAMP modification years ago.

 

I attempted to make a mortgage payment around the middle of the month within the grace period. I was unaware of the alleged error until about the 20th of the month when I received an email indicating such.

 

I tried to reach a human at BOA to resolve it but the hold time was obnoxious as usual (at least an hour). I contacted the CFPB and one of BOA's representatives contacted me. 

 

The representative said that I could withold payment until their investigation completed. I asked them if they would withold negative credit reporting while the incident was under investigation and they confirmed such on a recorded line (I have the recording).

 

In the middle of the next month, I received a call from the same representative who spoke to me in a VERY harsh collective type of matter. We got into a pretty big argument and when I hung up the phone I received a notice from Credit Sesame that my spouse and I were both marked 30 days late.

 

I disputed with the CRAs and it came back verified a few times.

 

I sent the CEO an ITS with a read receipt and he looked at it for less than a minute and did nothing.

 

Well I have a legal plan that covers matters like these at 100% so I hired an attorney. She sent her own ITS to BOA (guns blazing) and they fell silent as well. I have filed quite a few pro se FCRA and FDCPA suits pro se in the past so I am no stranger to any of this.

 

After viewing some posts here, it seems that the CEO and BOA like cuddly GW letters. Maybe that's where my attorney and I have gone wrong? I'd hate to think that racism might be an issue here because the representative spoke to me in a racist manner and I have a VERY ethnically identifiable name. 

 

Some time has passed since the incident and BOA has had enough time to rack up FCRA violations so I have filed a pro se suit in my local small claims court. Yes, I know that they are free to remove it to State Court or Federal Court but this was done as part of my legal stategy.

 

I have also done MOV & ITS to all of the CRA(s) who are starting to rack up FCRA violations and they seem to be unmoved.

 

The strange this is that this is the "20" loan in an 80/20 loan situation. BOA is suboordinate to the primary loan.

 

I am trying to understand what they have to gain by being jerks. Though not politically correct, as a dual national in another first world country, I could walk away from the house leaving BOA with not one red cent.

 

Any ideas?

 

 

 

 

 

Message 1 of 7
6 REPLIES 6
RobertEG
Legendary Contributor

Re: BOA - "late" mortgage payment

What, specifically, was the violation(s) that were "racked up" and cited as the cause of action in your pending civil actions?

 

Similarly, what were the inaccuracies that were the basis of your prior, verified disputes, and is your pending civil action based on their reporting of inaccuracies per se, or their lack of a reasonable investigation of the accuracy in your prior disputes?

Message 2 of 7
Anonymous
Not applicable

Re: BOA - "late" mortgage payment

As a generality, reaging of the account e.g. asserting that each and every month for the past 6 months is 30 days late even though I made up the payment and have never been "late" since.

 

Example: May = 30

                 June = 30

                 July = 30

                 August = 30

                 September = 30

                 October = 30

 

Additionally, Violations of 623(a) for inaccurately reporting the account as "late" when disputed as "never late".

If the above is "no good", I'd appreciate it if you had any additional suggestions up to and including moving to dismiss and re-filing if necessary. If not, I'll see this through and see what happens. Not much else I can think of besides begging BOA which I am not likely to do due to breach of recorded verbal contract. 

Even if I were to beg, they probably won't hear it as the seem hell bent on not backing down.

The issue is that my line of work requires impeccable credit and mitigating poor credit to keep that job is not easy.

Thanks.

 

P.S. - CRA(s) have racked up violations for not providing MOV pursuant to FCRA 611(a). IMO, CRA(s) are going to be easier to deal with than BOA...but that would be a total of 6 deletions for my spouse and I. At least one CRA will not settle as a rough guess and I will definitely end up seeing more than one in court.

 

 

 

 

Message 3 of 7
marty56
Super Contributor

Re: BOA - "late" mortgage payment

If the late payment is being reported correctly, regardless of why it was late, the chances of BofA removing them is very low.  A 30 day late won't hurt you as much after 2 years so if you really where late, I would leave it be.  Geting lawyered up in that case is a waste of money.

1/25/2021: FICO 850 EQ 848 TU 847 EX
Message 4 of 7
Anonymous
Not applicable

Re: BOA - "late" mortgage payment

I am not going to leave this alone.

 

My legal representation is FREE.

 

"Hurt" is a subjective definition. I am in a field that is intolerant of *any* derogatory information on a credit report. I decline to state what field I am in, in a public forum. I make good money doing what I am doing and I am not in a position to go look for another line of work willy nilly.

 

I'd like thoughts on *how* to get this removed not why I can't (or shouldn't make the effort) to get it removed.

 

Thanks.

Message 5 of 7
Adkins
Legendary Contributor

Re: BOA - "late" mortgage payment

It is against the TOS of this forum to discuss removing legitimately derogatory information. Per the CREDIT REPAIR DISCUSSION GUIDELINES pinned at the top:

 

The only credit repair discussions allowed in FICO Forums are ones that exchange information on how to correct or remove real errors from your credit report – not accurate information that you want to get rid of because it may be negatively affecting your credit score

 

 


Last HP 08-07-2023



Message 6 of 7
Anonymous
Not applicable

Re: BOA - "late" mortgage payment

Whether or not the 30 day late is supposed to be there or not, the only discussion about removing late payments is through legitimate recourse such as has been followed so far.  Avenues such as the CFPB and Goodwill letters are typical of the methods that are allowed to be discussed.  Anything that is outside of these types of legitimate credit repair methods is not permitted to be posted here.  Just wanted to  clarify so there that is no confusion in this thread.  Any questions about what is or is not permissible can be directed to myself or any other Moderator.

Message 7 of 7
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