Dispute Letter to Wells Fargo Home Mortgage (EDIT: Late DELETED!)

[starboundphoenix]

All,

Well I took a step forward on fixing my credit report today. Several, actually. Had great success calling for a GW adjustment with Cap1 for an 18-month old 30 day late. Might as well keep rollin'. This letter went to Wells Fargo Home Mortgage today via fax. After disputing a 30 day late with them several years ago, EX and XQ show clear, but TU does not. I called first to see if they would correct it. No dice. They said it had to be in writing, but they were happy to provide the fax # and address. Here's the letter. Critiques welcome just in case this one doesn't work and in case the next guy wants to do it better:

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ATTN: Purged Loans Credit Corrections

Wells Fargo Home Mortgage

3476 Stateview Blvd

Fort Mill, SC 29715

Dear Sir or Ma’am,

This is a Notice of Direct Dispute under the provisions of FCRA §623(a)(8)(D) and 16 CFR 660.4, of the accuracy of information you have reported to my credit file.

 Identification of the specific information being disputed:
           This letter refers to Wells Fargo Home Mortgage account #XXXXXXXXXXX. 

On my TransUnion credit report dated 30 July 2012, your company is reporting that I paid 30 days late in February 2007. I am writing to dispute this derogatory information and request that you immediately notify all three credit agencies to remove this derogatory information from my credit report.

Basis for the dispute:

            At the time of the alleged late payment, I did not live at, legally own, nor have any  legal nor financial interest in the real property that this mortgage is attached to (XXXXXX Street, XXXXXXX City, XX XXXXX). I have been legally divorced from the joint account holder (maiden name XXXXXXXXX) since August of 2006, and a legally binding quit claim deed on this property pursuant to that divorce decree was in effect as of January 2007. At this time, Miss XXXXX assumed all responsibility for this property and mortgage.

Supporting documentation:

            Attached you will find a copy of said Quit Claim Deed dated 19 January 2007, notarized and filed with the State of XXXXXXXX. The quit claim is legal and binding and was in effect prior to the alleged late payment. I believe this evidence clearly shows that I was not legally in control of the property nor the mortgage.

Finally, I am asking you to personally consider the effect this derogatory information is having on my ability to get a new mortgage at a fair rate and move on with my life. Please carefully consider this letter and attached supporting evidence. Please have compassion for my situation and help me repair my credit by removing this derogatory information from my credit report. I greatly appreciate your time and look forward to a positive response.

With Sincere Thanks, 

XXX

_____________________

Pray for positive results! I know I am.

-SB

[RobertEG]

Your direct dispute looks good based on the reasons asserted.

However, it is missing one element, which may be your strongest support for deletion.

Your post states that you previously disputed, and the result was the deletion from two of the three CRAs.  That raises the issue of their possible non-compliance with FCRA 623(b)(1)(D), which requires a furnisher to report the results of your dispute to each CRA to which they have reported the information, not just to the CRA through which the dispute was handled.

If you disputed the accuracy and they concluded the dispute by reporting the deletion to a CRA, they were required to have also reported that same result to all CRAs.

You might include that in your reasons for disputing their lack of accurate reporting.

[starboundphoenix]

Great catch RobertEG. I may have to follow up on that. The original dispute was long enough ago that I no longer have any records of my dispute or their response, so I wasn't clear on why it was only being reported to TU now. I will post any change/responses from them to this topic. Thanks again!

[mlearma]

I went through this with my divorce and a quit claim deed and divorce decree does not remove your liability for that payment if your name is still on the mortgage.

I disputed this also and got shot down by USBank multiple times.  Best of luck.

[mlearma]

Only a full refinance and taking your name off removes your liability.

[starboundphoenix]

Thanks mlearma I remember the feeling of powerlessness as she was refinancing and I didn't have the money to pay the final payment that she didn't feel like paying since her refi was pending.

Oh well. All I can do is try. No response yet.

[starboundphoenix]

Update:

Received a letter from WF today. @Mlearma: As you projected, they are still holding me responsible for the late and will not remove it from my credit, even as a GW request. They said I would have to contact the assumption department for a release prior to making another request at suchandsuch number. Well, I called said department and since the loan is purged due to being closed for over 5 years, they can't do anything about it and referred me back to the original people I sent the request to (purged loans department). Frustrated, I called the executive comunications department. No recordings, no prompt, just straight to a rep who was very kind and helpful. However, same story. I am legally responsible because the original loan agreement cannot be superceded by the divorce decree or quit of deed. I was very courteous, patient and positive in my approach and when I saw I was getting nowhere on my original request, I asked if they could given the situation and the time that had passed extend a good will removal. No dice. Very firm response: the information is correct, you are liable, we will not remove it from your report.

It will not age off until Feb 2014. Any thoughts on where to go from here? Is there any hope of reattacking this a different way? Do I need to just suck it up?Is one 5+ year old 30-day late going to make much of a difference to a FICO score? I guess the good news is it is only reporting to one CRA (TU).

-SB

[starboundphoenix]

Well, this is a nice development. Got a letter from TU today stating that they investigated this matter and results were enclosed. Late DELETED! I am guessing someone at Wells Fargo decided I wasn't such a bad guy after all . . .