topic Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ in General Credit Topics

Please Help! Fraudulent Tax Lien Just Appeared on EQ

Credit_hawk — Sun, 16 Jul 2017 11:15:13 GMT

Hello,

I'm really upset guys. My hands are trembling writing this I'm so angry. I woke up this morning to an Equifax notification that a Tax Lien hit my record overnight. I pulled my Equifax file and there is a Tax Lien that wasn't there yesterday that just appeared overnight. Naturally, it's not mine. I recently graduated college and don't even own property. I looked on it and it has very limited information. The lien says it was filed in June of 2013. It lists the county I live in and the amount is $77,000!!!! It says type: VF/Federal and has a case number.

I don't know if this is fraud or just an insane mix up?! I am a "III"and my dad died in 2012 with his finances in disarray, he as well as my grandfather share my name. He also had stolen my identity at that time unbeknownst to me. I found out he opened bank accounts in my name to hide money from his wife whom he was divorcing. I didn't find out until after he passed away abruptly while in he process of divorce. This was in 2012 and I never found anything other than two bank accounts that he opened in my name online. My grandfather who shares my name as well is still living but he has his stuff together. I also have a very common name.

What should I do first. I can't wait until Monday to go down to the court house. I feel like I'm going to burst I'm so mad. What should I do? Dispute it with Equifax? Call or go to the court house? How the heck could this happen? Especially now from something that was supposedly filed in 2013?

Just out of curiosity, I thought I read tax liens were supposed to be taken off files anyway?

This is truly a nightmare. I can't believe this is happening to me. I'm bugging out because I've got a fraudulent $70k lien that just shows up in the middle of the night from 4 years ago?! I have well over $70k in my bank. What if they mistakenly seize that in the mean time thinking it's my real debt. This is insane.

It only appears on EQ it seems.

Thanks for any help!!

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

DaveInAZ — Sun, 16 Jul 2017 16:32:19 GMT

Well first of all calm down! This will pass and you'll get it sorted out. It's the weekend and nothing you can do until Monday. I wouldn't dispute anything until you can find out what this court case & tax lien is about.

From the timing, it's very possible it has something to do with your dad. Who was the executor of his estate? Talk to them and see if they know anything. And since you say he was divorcing from his "wife", I take it she is not your mother? Are you on speaking terms with her? If so, talk to her and see if she knows anything.

It's possible your dad owed the taxes claimed in the tax lien, and either the lien was reported in your credit report in error because of the same name, or possibly since your dad opened accounts in your name and they were discovered they are linking the lien to you to get to those funds. And what happened to the funds in the bank accounts your dad opened in your name?

It will take time, but you'll get this sorted out.

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

ejm201 — Sun, 16 Jul 2017 18:52:45 GMT

Believe me, I understand! Almost 4 years of having, not one but two judgements screw my family out buying a home, getting ANY loans at all. To deal with loan offices and underwriters that culd careless that the error doesn't belong to you can drive a person INSANE. My would cry at different times because it was hurting us and it seemed pretty much impossible to remove.

I heard all the mumbo jumbo about filing a dispute, calling the creditor, the courthouse, calliing the CRAs and NOTHING. Everyone kept painting this rosy picture like, its EASY, just follow this template. Well, that's not how it works.

With this being said, now that newer policies will be in place coming in September, this may make your journey slightly easier than ours. Not going to lie, this will take some man hours, and there may be moments of "SCREW all financial institutions" sentiments sprinkled in there. But it can be done. Come Hell or high water.

I wanted to share this because my wife and I are in the early stages of buying a home and even though the judgment was first reported in May 2014, to this day I am waiting for it to be removed{its supposed to be removed by August] and I KNOW this is heavily affecting our mortgage FICO score. What makes this harder is that Equifax aka JERKS FINALLY agreed to remove it{but feel like that only happening due to the lawsuits of others which sparked this "new policy" that came about July 1st]. We we at the point that if it is not gone by the first week of August, we will be seeking legal counsel.

Don't beat yourself up to much, I understand that sometimes people scores are low because of errors that are reported not because of you. And many times, getting those removed is not just the click of a button. I wanted to give another perspective to this. Sometimes from lurking on here fr quite awhile, it seems like some people forget to show some compassion. Godspeed! Update us if you can.

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Revelate — Sun, 16 Jul 2017 20:50:46 GMT

Relax, unless you need your credit right now it's honestly irrelevant.

With anything dealing with the IRS, get the documentation and then address it. Get the court record, also inquire with the case ID with the IRS, and then go simply address it as a case of mistaken identity as debts aren't inherited (other than cosigning or similar issues).

While it's not pin the tail on the donkey or assigning records via oujia board, things do get inserted into the record on inexact matches and this one probably is one such... but you need to get the actual records and figure out what's up. Did you ever file a police report for the fraudulently opened accounts?

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Credit_hawk — Sun, 16 Jul 2017 21:58:34 GMT

@DaveInAZ wrote:
Well first of all calm down! This will pass and you'll get it sorted out. It's the weekend and nothing you can do until Monday. I wouldn't dispute anything until you can find out what this court case & tax lien is about.

From the timing, it's very possible it has something to do with your dad. Who was the executor of his estate? Talk to them and see if they know anything. And since you say he was divorcing from his "wife", I take it she is not your mother? Are you on speaking terms with her? If so, talk to her and see if she knows anything.
It's possible your dad owed the taxes claimed in the tax lien, and either the lien was reported in your credit report in error because of the same name, or possibly since your dad opened accounts in your name and they were discovered they are linking the lien to you to get to those funds. And what happened to the funds in the bank accounts your dad opened in your name?

It will take time, but you'll get this sorted out.

Hey Dave, she's not my mom she was my step mom and I've never spoken to her since the day he died. My aunt, my dads sister, is the executor. All of this has been finished years ago so I'll have to ask her if she's aware of anything but she's the type to say she isn't even if she is. The funds were given out per the will by the executor

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Credit_hawk — Sun, 16 Jul 2017 22:03:45 GMT

@ejm201 wrote:
Believe me, I understand! Almost 4 years of having, not one but two judgements screw my family out buying a home, getting ANY loans at all. To deal with loan offices and underwriters that culd careless that the error doesn't belong to you can drive a person INSANE. My would cry at different times because it was hurting us and it seemed pretty much impossible to remove.

I heard all the mumbo jumbo about filing a dispute, calling the creditor, the courthouse, calliing the CRAs and NOTHING. Everyone kept painting this rosy picture like, its EASY, just follow this template. Well, that's not how it works.

With this being said, now that newer policies will be in place coming in September, this may make your journey slightly easier than ours. Not going to lie, this will take some man hours, and there may be moments of "SCREW all financial institutions" sentiments sprinkled in there. But it can be done. Come Hell or high water.

I wanted to share this because my wife and I are in the early stages of buying a home and even though the judgment was first reported in May 2014, to this day I am waiting for it to be removed{its supposed to be removed by August] and I KNOW this is heavily affecting our mortgage FICO score. What makes this harder is that Equifax aka JERKS FINALLY agreed to remove it{but feel like that only happening due to the lawsuits of others which sparked this "new policy" that came about July 1st]. We we at the point that if it is not gone by the first week of August, we will be seeking legal counsel.

Don't beat yourself up to much, I understand that sometimes people scores are low because of errors that are reported not because of you. And many times, getting those removed is not just the click of a button. I wanted to give another perspective to this. Sometimes from lurking on here fr quite awhile, it seems like some people forget to show some compassion. Godspeed! Update us if you can.

Well I'm glad you're giving me the truth. Maybe I'm crazy but I've got a bank full of cash and the principle to prove and I'm willing to skip from A to Z and file suit against them if it's not removed in a month's time.

So you're judgements were also in error? How could it be taking you so long to remove a fraudulent charge? This is crazy! Equifax is a pain and it's too bad it's not Transunion because I love near their HQ lol.

I thought all tax liens were to be taken off people's records by July, no? You're saying it's September?

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Credit_hawk — Sun, 16 Jul 2017 22:13:28 GMT

@Revelate wrote:
Relax, unless you need your credit right now it's honestly irrelevant.

With anything dealing with the IRS, get the documentation and then address it. Get the court record, also inquire with the case ID with the IRS, and then go simply address it as a case of mistaken identity as debts aren't inherited (other than cosigning or similar issues).

While it's not pin the tail on the donkey or assigning records via oujia board, things do get inserted into the record on inexact matches and this one probably is one such... but you need to get the actual records and figure out what's up. Did you ever file a police report for the fraudulently opened accounts?

Thanks for the info, Revelate! No I never filed a police report because he died and I couldn't find anything nefarious besides two bank accounts. There was never credit opened in my name. I'm no against filing a police report now that fraudulent activity showed up. Should I go to he courthouse first then call the IRS? lol I don't even know how to call them what branch what anything. I will wait until tomorrow go to the courthouse at 8am and let it rip from there. I've been egregiously wronged and I believe it's Equifax who made the error.

They even have a disclaimer saying anything found in the public records of their "negative" file is compiled by them through LexisNexis. Revelate, I'm not trying to act "tough" but I genuinely have been wronged and they're screwing with my financial life. I will totally be willing to sue them even if it costs me $20,000 or so. Should I let them know that if it's not removed in a month's time I will file suit or should I just do it if it's not removed in a month.

BTW, I thought this stuff was supposed to be removed by July. Why is this just hitting in July?? Lol

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

DaveInAZ — Sun, 16 Jul 2017 23:42:59 GMT

@Credit_hawk wrote:
@DaveInAZ wrote:
Well first of all calm down! This will pass and you'll get it sorted out. It's the weekend and nothing you can do until Monday. I wouldn't dispute anything until you can find out what this court case & tax lien is about.

From the timing, it's very possible it has something to do with your dad. Who was the executor of his estate? Talk to them and see if they know anything. And since you say he was divorcing from his "wife", I take it she is not your mother? Are you on speaking terms with her? If so, talk to her and see if she knows anything.
It's possible your dad owed the taxes claimed in the tax lien, and either the lien was reported in your credit report in error because of the same name, or possibly since your dad opened accounts in your name and they were discovered they are linking the lien to you to get to those funds. And what happened to the funds in the bank accounts your dad opened in your name?

It will take time, but you'll get this sorted out.
Hey Dave, she's not my mom she was my step mom and I've never spoken to her since the day he died. My aunt, my dads sister, is the executor. All of this has been finished years ago so I'll have to ask her if she's aware of anything but she's the type to say she isn't even if she is. The funds were given out per the will by the executor

Thanks for coming back to us & taking the time to reply to each of us. I wasn't trying to be nosey, when my dad died I was the executor of his estate, filing estate tax returns & distributing the funds, so I'm familiar with such things. I asked about the funds in those bank accounts your dad opened in your name because if that tax lien is really your father's taxes, if you had kept those funds that could have been the government's basis for filing the tax lien against you. That the funds were distributed by the executor per the will's instructions then that removes that possible connection.

Good luck tomorrow, and let us know what you find out. Hopefully since your name is common plus you're the "III" the lien belongs to someone else and it's all a easily fixed mistake.

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Credit_hawk — Mon, 17 Jul 2017 00:40:00 GMT

Hey guys,

I have an update. I called my aunt whom I really don't like that was the executor of the estate. I don't call there much. Anyway, she was immediately aware of the lien and says it is in fact my fathers from his personal taxes in 2012. I said but why is it hitting me? She assured me that it was under his social and their address (my dad lived with my aunt and their parents his last year while he was going through a divorce) because he used their address when he filed his last year of taxes. She said it's now migrated against my grandfather who also shares our name. I said how don't they know it's his taxes and he's dead?! Taxes should not transfer. She said the IRS does know he's dead but they haven't removed it and she hasn't gotten around to fixing it (five years later).

I said, (correct me if I'm wrong), but his taxes have nothing to do with you guys. Why wouldn't you square that up for your sake? She said she "hadn't gotten around it it yet" five years later.

Now you see why I don't deal with them. She was trying to tell me to not worry about it just dispute it. She seemed like she didn't want me to go to the courthouse. I told her either you give me the papers or I'm getting them myself. She said she would.

Their address comes up on my file as my former address although I never lived there. This is because he used my identity to open an online TD ameritrade account and now it associates my ID with that address. I just don't understand how this is happening. I guess LexisNexis just is compiling data of association and EQ ran with it?!

This whole thing is bizarre and like usual sketchy which is why I don't talk to them.

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

DaveInAZ — Mon, 17 Jul 2017 14:06:52 GMT

@Credit_hawk wrote:
Hey guys,

I have an update. I called my aunt whom I really don't like that was the executor of the estate. I don't call there much. Anyway, she was immediately aware of the lien and says it is in fact my fathers from his personal taxes in 2012. I said but why is it hitting me? She assured me that it was under his social and their address (my dad lived with my aunt and their parents his last year while he was going through a divorce) because he used their address when he filed his last year of taxes. She said it's now migrated against my grandfather who also shares our name. I said how don't they know it's his taxes and he's dead?! Taxes should not transfer. She said the IRS does know he's dead but they haven't removed it and she hasn't gotten around to fixing it (five years later).

I said, (correct me if I'm wrong), but his taxes have nothing to do with you guys. Why wouldn't you square that up for your sake? She said she "hadn't gotten around it it yet" five years later.

Now you see why I don't deal with them. She was trying to tell me to not worry about it just dispute it. She seemed like she didn't want me to go to the courthouse. I told her either you give me the papers or I'm getting them myself. She said she would.

Their address comes up on my file as my former address although I never lived there. This is because he used my identity to open an online TD ameritrade account and now it associates my ID with that address. I just don't understand how this is happening. I guess LexisNexis just is compiling data of association and EQ ran with it?!

This whole thing is bizarre and like usual sketchy which is why I don't talk to them.

Oh brother! As I said, I was the executor of my father's estate. Any taxes owed have the first, top priority claim on an estate, I filed & paid the small amount of taxes my dad owed (he was retired & on social security) BEFORE distributing the funds per the instructions of the will. No, taxes don't "transfer", but if your dad owed those taxes then the government has a claim on the estate for that amount, and accordingly a claim on anyone who received funds from the estate, but only for the amount received from the estate. The government probably doesn't know how much anyone received, so they just file a lien for the total amount of taxes due.

Good luck sorting through this.It sounds like your aunt assumed that when you dad passed away any taxes he owed went away. They don't, they become a liability of the estate.

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Credit_hawk — Mon, 17 Jul 2017 22:58:09 GMT

Hey Dave,

Well I was off today so I got a lot done. I went up to the county courthouse and got a copy of the tax lien. Surprise suprise, it is in my fathers social and address! I filed an online dispute and uploaded a scanned copy of the tax lien with his info contrasted with my license and social as well as a PDF dispute letter that I wrote explaining that they went ahead and besmirched my impeccable credit off the incomplete and inaccurate information LexisNexis provided to them without verifying it. I also disputed two former addresses that aren't mine which include my fathers address that the lien was at. One address with my grandfathers and one was my dad's. I've never lived at this address or gotten mail there. So I sent 10 years of drivers licenses to prove I've never been registered there as a residence in the last 10 years as well as ever. The only thing I share with my dad is my name!! Over time they started associating their with my file and I just left it because I don't like disputing and I thought it was harmless.

Anyway, in the letter that I included in the dispute I was very "business terse" with them and "demanded they remove their erroneous lien within 45 days or I will file a complaint with the CFPB and other agencies pursuant to the FCRA as well as further recourse if necessary."

They're totally in the wrong here. The lien is related to my dads 2009 income tax filing. Therefore, it has all his information-address, DOB, SSN. They just decided it wasn't worth their time vetting the lien's information before deciding to ruin someone's credit and slapping it on there. Think of the audaciousness of a company that has been sued and fined so many times for his very thing--erroneously putting liens on innocent people's files; they're still at it!! Can you believe it?! Even after saying they would no longer deal in unverified liens.

This is the hill I'm dying on. I had a lot of little things happen lately where I was completely victimized by no fault of my own. This was the straw that broke the camels back. I'm seeing it through to the end...

Edit: PS, I also sent for my LexisNexis file today certified mail. When that comes in I'm going to have a dispute field day with those sc*mbags.

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

DaveInAZ — Tue, 18 Jul 2017 12:57:16 GMT

Give 'em hell, Harry!

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Anonymous — Wed, 19 Jul 2017 21:54:55 GMT

Sorry to hear about this OP,

Dave, per my understanding the IRS can only go after the executor of the estate for the taxes still owed if they have already divvied up the estate proceed's to heirs. I believe the only person responsible and susceptible to a "transfered tax lien" would be the executor as they have the duty to follow the law and give the IRS first claim to proceed's before any heir's.

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Credit_hawk — Wed, 19 Jul 2017 22:21:27 GMT

Hey guys, small update. I contacted LexisNexis who Equifax boldy lists as their only source for "Public Records" on every credit report they issue and LexisNexis said they had no record of any judgement, lien or bankruptcy on my file. They are sending me the file anyway by mail so I can see what's in it.

It's pretty clear at this point that their computer system just messed up at 3am Sunday morning and put it on my record. Naturally, it WILL be coming off it's just a matter of time now. I'd love to hear where they got this from if not LexisNexis. We'll never hear it though.

It's really unnerving to just have to fax and mail your total life's identity to these companies and the unsavory people they employ to fix this stuff. Who are tending to these fax machines and these mailrooms where you have to send copies of your licenses and social security cards. It's like if you didn't have your identity stolen before you will after.

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Credit_hawk — Sun, 23 Jul 2017 23:38:32 GMT

Hey guys. Wanted to provide an update for the record. I checked my Equifax report today--exactly one week since the lien was placed on my account and it's been removed. It's been 6 days since I disputed it. I haven't gotten the dispute update back yet but it's off my Equifax reports as of today.

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

UncleB — Mon, 24 Jul 2017 09:40:10 GMT

@Credit_hawk wrote:
Hey guys. Wanted to provide an update for the record. I checked my Equifax report today--exactly one week since the lien was placed on my account and it's been removed. It's been 6 days since I disputed it. I haven't gotten the dispute update back yet but it's off my Equifax reports as of today.

I'm glad to hear things have been resolved!

As someone who is a 'Jr' I feel your pain... I've dealt with the issue you just cleared up numerous times over the years, although thankfully the last few years it has been better.

The very first credit card I applied for in 1992 was declined due to collections on my (then) brand-new credit file, and a few years later I had problems again when I went to finance a car for the first time - in that case the collection was from 1987 (I was in middle school) but it didn't matter, it was there. I got the car, but my rate was higher. Over the years I got accustomed to repeatedly dealing with this.

I've always said that if I had children I would never dream of saddling them the same name as myself or another family member, but of course that is a discussion for another day (and another thread).

Re: Please Help! Fraudulent Tax Lien Just Appeared on EQ

Credit_hawk — Mon, 24 Jul 2017 10:20:58 GMT

@UncleB wrote:
@Credit_hawk wrote:
Hey guys. Wanted to provide an update for the record. I checked my Equifax report today--exactly one week since the lien was placed on my account and it's been removed. It's been 6 days since I disputed it. I haven't gotten the dispute update back yet but it's off my Equifax reports as of today.
I'm glad to hear things have been resolved!

As someone who is a 'Jr' I feel your pain... I've dealt with the issue you just cleared up numerous times over the years, although thankfully the last few years it has been better.

The very first credit card I applied for in 1992 was declined due to collections on my (then) brand-new credit file, and a few years later I had problems again when I went to finance a car for the first time - in that case the collection was from 1987 (I was in middle school) but it didn't matter, it was there. I got the car, but my rate was higher. Over the years I got accustomed to repeatedly dealing with this.

I've always said that if I had children I would never dream of saddling them the same name as myself or another family member, but of course that is a discussion for another day (and another thread).

Thanks, Uncle B! Oh man you speak the truth! When you share the same exact name with a relative, especially when you're the III or IV it is a nightmare when things get crossed. It's so infuriating that these credit bureaus aren't very thorough sometimes. Some are better than others. Is it that much to ask to have them verify the social and birthdate? Geez!

I agree with you on the name. I always say the lineage stops with me. Haha I'm not going to name my child the same name. I'm not George Foreman, haha.