topic Re: Equifax wont remove paid tax lien in General Credit Topics

Equifax wont remove paid tax lien

Anonymous — Tue, 07 Mar 2017 12:34:51 GMT

Hello everyone

I paid off a Kansas tax lien in 2013.Ii was instructed by the city clerk to send in proof of payment and 34.00 for removal of lien from my credit report. the lien was removed from all three agencies on my wife's report and two of mine(not equifax ). However i have repeatedly disputed the lien with Equifax and they report the same thing each time

>>> We have reviewed the lien information. Case or ID # − XXXXXXXXX The results are: This lien is currently reporting as released. If you have additional questions about this item please contact: Sedgwick Cty Courthouse−RE, 415 N Washington Ave, Liberal KS 67901−3462 Phone: (316) 626−3220.... ++the contact information is inaccurate-Sedgwick is Seward county and the number is not a working number++. when i call the correct "sedgwick county court house" they report no lien exist.

I dont think they are reviewing my account but how do you prove it!!!!!. I would like to send an ITS but they will probaly ignore it as well.

I am looking to buy a new home soon

any thoughts?

Re: Equifax wont remove paid tax lien

Anonymous — Tue, 07 Mar 2017 12:47:31 GMT

I have the same exact issue with Equifax and they will not remove mine either

Re: Equifax wont remove paid tax lien

FireMedic1 — Wed, 08 Mar 2017 00:31:35 GMT

Equifax has their own rules. My released lien fell off TU & EX, but not EQ. "Paid or released tax liens remain on file for seven years from the date released or 10 years from the date filed" whichever comes first.

Re: Equifax wont remove paid tax lien

Anonymous — Sat, 25 Mar 2017 16:11:42 GMT

I'm having the same issue. So frustrating

Re: Equifax wont remove paid tax lien

RobertEG — Sat, 25 Mar 2017 18:03:40 GMT

The statutory exclusion period under FCRA 605(a)(3) is 7 years from date of payment of the lien.

There is no provision under the FCRA for exclusion of tax liens as of the date paid.

Shorter periods, however, may arise under either state exclusion statute or an early exclusion policy of the indvidual CRA.

The fact that one or two CRAs may exclude at a certain time, but the third may not, is not inconsistent with current practice.

What you need in order to obtain an exclusion prior to 7 years from date of payment of the lien is to cite some provision or policy that applies.

A few of those policies are briefly summarized as:

1. Vacature or total withdrawal of the lien from the public record from the posting government agency.

2. Citation of a state statute or reg that provides for a shortened period.

3. For federal tax liens, the IRS implemented a policy in 2011 that permits consumers, if the lien is paid in full, to submit a form requesting formal withdrawal of the federal tax lien (as opposed to only a showing of payment/release). Each of the big-3 CRAs have agreed and publicly announced they will accept the removal of any federal tax lien if the IRS has withdrawn under their policy.

4. CRA deletion at ten years from date the lien is filed, which is a CRA policy, and not a statutory exclusion.

5. Lack of verification of the lien that clearly associates it with the named consumer, such as their date of birth or SSN. This policy has been announced as being implemented by the CRAs beginning July 1, and is in response to pending litiation that challenged the verification process used by CRAs for public record information, and is being incorporated into their so-called "National Consumer Assistance Plan."

In your dispute, what authority/basis are you citing as requiring deletion/exclusion of the lien from your report?

Absent any such provision, the CRA is justified in not excluding until 7 years from date of payment.

Re: Equifax wont remove paid tax lien

Anonymous — Mon, 27 Mar 2017 11:56:09 GMT

It's important to note that Equifax gets Public Record information from LexisNexis, you should probably be pursuing the deletion with them.

Re: Equifax wont remove paid tax lien

nupey10 — Mon, 27 Mar 2017 14:36:25 GMT

hmm... good info. Does anyone know where TU gets its public record information as it pertains to tax liens? Thanks

Re: Equifax wont remove paid tax lien

RobertEG — Mon, 27 Mar 2017 16:59:14 GMT

Tax liens are public record information, and although they are researched and provided to the CRA by vendors hired by the CRAs, they are specifically exempted from the direct dispute process. You cannot send a dispute to, for example, LexisNexis. The direct dispute rules provide the exclusion at 16 CFR 660.4(b)(1)(iv):

“16 CFR 660.4(b) Exceptions. The requirements of paragraph (a) of this section do not apply to a furnisher if:

(1) The direct dispute relates to:

(i) The consumer's identifying information (other than a direct dispute relating to a consumer's liability for a credit account or other debt with the furnisher, as provided in paragraph (a)(1) of this section) such as name(s), date of birth, Social Security number, telephone number(s), or address(es);

(ii) The identity of past or present employers;

(iii) Inquiries or requests for a consumer report;

(iv) Information derived from public records, such as judgments, bankruptcies, liens, and other legal matters (unless provided by a furnisher with an account or other relationship with the consumer); “