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ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!

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lot08
New Contributor

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!

I think everyone needs to understand the Cares act was rushed through if in Forbearance they address that the consumer had to be reported current. However, they did not address AW Remarks, that will say in Forbearance, deferred or whatever language they creditor chooses to use. They also did not address that any consumer that asks for forbearance by former rules do not allow a consumer that has asked for forbearance to get a new mortgage or refinance for one year... rules similar to rules for bankruptcy. The reason you need to fight to get these remarks off your report if you have not requested forbearance or deference... if you have inquired about forbearance but just kept paying normal and on time please check and fight like hell to get the comments removed. If you did request and also have not paid and are in actual forbearance... well then you are going to need to wait until this is all figured out with the Cares Act and other regulations. Some lenders have literally just put the the remark as we see it what they call AW Code... on every one of the consumer's reports and that folks is not right at all.

Message 41 of 64
FSUGAPEACH
Contributor

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!

Every single payment has been made on time. They are saying it takes 30 days to get credit updated. I had them send me a letter last night stating that the account is NOT in foreberance but it's still showing on my credit. I KNOW this is going to be an issue with the UW once they see this! 

Message 42 of 64
JVille
Valued Contributor

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!

At least you have the letter! Go ahead and gather your proof you are paying as agreed. Pull a History for last 12 months and copies of cancelled checks if you made payment by check. 
Then prepare a letter of explanation about what is happening and your effort to demand this be removed. Explain that you are attaching proof your Mtg is Not in Forbearance and never was. Good luck! 

Message 43 of 64
Anonymous
Not applicable

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!


@FSUGAPEACH wrote:

Every single payment has been made on time. They are saying it takes 30 days to get credit updated. I had them send me a letter last night stating that the account is NOT in foreberance but it's still showing on my credit. I KNOW this is going to be an issue with the UW once they see this! 


30 days to correct thier error in your credit file? It didn't take them 30 days to put it there. My response to that 30 day statement would be "I bet I can have a FCRA summons at your corporate offices faster than that. It won't take me 30 days to sue."

Message 44 of 64
Anonymous
Not applicable

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!


@Anonymous wrote:

@FSUGAPEACH wrote:

Every single payment has been made on time. They are saying it takes 30 days to get credit updated. I had them send me a letter last night stating that the account is NOT in foreberance but it's still showing on my credit. I KNOW this is going to be an issue with the UW once they see this! 


30 days to correct thier error in your credit file? It didn't take them 30 days to put it there. My response to that 30 day statement would be "I bet I can have a FCRA summons at your corporate offices faster than that. It won't take me 30 days to sue."


If I'm reading the thread correctly, this is not their (lender) error. The OP requested forbearance due to COVID-19 hardship and lender complied. Then the OP continued to make payments and asked lender to stop/remove the forbearance. Which (it appears) the lender is also complying with. Again, an assumption, but probably means they will be updating the remarks on their normal CRA reporting cycle.

Message 45 of 64
JVille
Valued Contributor

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!

Sadly you read that correctly.

Message 46 of 64
RSX
Valued Contributor

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!

i am guessing that the lack of skipped payments or lower payments will render this account comment moot

 

i really dont think this will even be an issue - i know it is concerning to the OP, but doubt it will have a negative impact

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Message 47 of 64
VALoanMaster
Valued Contributor

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!


@FSUGAPEACH wrote:

Every single payment has been made on time. They are saying it takes 30 days to get credit updated. I had them send me a letter last night stating that the account is NOT in forbearance but it's still showing on my credit. I KNOW this is going to be an issue with the UW once they see this! 


You are right, it will be an issue if the u/w sees it.

If it were me, I would take that letter & order a rapid re-score to get the forbearance deleted from your credit report before I sent your file into u/w.

 

VA Mortgage Expert. Mortgage Banker lending in All 50 States.
VA, FHA, USDA. Jumbo, Conventional.
CAIVRS Expert.
Message 48 of 64
JVille
Valued Contributor

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!

Then you have to worry about ending up with a Dispute on the credit report. This is very unfortunate situation. Depends on the UW and the rules of the Investor (flexibility for common sense).

Message 49 of 64
VALoanMaster
Valued Contributor

Re: ABSOLUTELY LIVID- FILE IS IN UNDEWRITING- HELP!


@RSX wrote:

i am guessing that the lack of skipped payments or lower payments will render this account comment moot

 

i really dont think this will even be an issue - i know it is concerning to the OP, but doubt it will have a negative impact


@RSX ,

Not true. Lenders will have a difficult, if not impossible, time selling loans with credit reports that indicate a mortgage is in forbearance.

VA Mortgage Expert. Mortgage Banker lending in All 50 States.
VA, FHA, USDA. Jumbo, Conventional.
CAIVRS Expert.
Message 50 of 64
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