Mortgage Co. reporting a year before they even had our loan????

[macahs]

Okay, this may have already been answered but I've been doing so much research I can't keep track of it all.

Our current mortgage company (America's Servicing Co. AKA Predatory Lenders, IMO) bought our mortgage from GMAC in Nov/Oct. 2005. We filed bankruptcy in Oct. 2005.

Well, I am going through my husband's credit report and realizing they have it reported that we've been with them since March 2004. We only bought our house in November 2003 and refinanced Dec. 24th, 2004. Again, ASC became our new mortgage co. in November or Oct. 2005 - right before we filed bankruptcy.

Here's the kicker - they reported the following:

March 2004 - 30 days late
April 2004 - 60 days late
June 2004 - 30 days late
June 2005 - 30 days late

They show 'date opened' on the bureau as 12/2004 which is when we refi'd but again, they were not our lender until either Nov. or Oct. 2005.

We went back to confirm we were NEVER late any of those months w/ our previous lenders.

What recourse do we have because this is really killing our credit I'm sure. Are they violating any laws by doing this?

Thank you to anyone who can offer their advice.

[Minnymouth]

Send them a certified letter stating the "correct dates" that GMAC owned the mortgage and the correct dates where they purchased the mortgage. If payments were made to GMAC and ASC is showing late payments for these dates - dispute those also.....

GMAC records should indicate when ASC bought them out......

Did you keep the property??? If you stll own it, give them a call and let them know that their dates are recorded incorrectly and give them specific dates. Give them 10 days to respond, then send a certified letter to the credit bureau and them that you dispute these dates as another company owned the mortgage at that time.

Keep us posted

[macahs]

Thanks Minny.

Yes, we still have the house but we're putting it on the market w/in the next week or two because ASC has basically cornered us and we can't trust they won't try to foreclose (long story involving a 90 Day Moratorium they granted us that they are not honoring now).

ASC has been nothing but serious headaches for us and I will go after them any way I can.

Can they be held liable (legally) for reporting such gross, negligent information??? If so, I would like to not only include my rights in a letter to them but also look into actually moving forward with any suit against them.

Thank you so much for the reply. I've been devouring so much information trying to find out what my rights are that I am confusing the heck out of myself.

[macahs]

Update

Just a quick update.

The original reporting was shown on the free reports I was entitled to about a month ago.

The 3 in 1 I just ordered two days ago DOES NOT show those several months late in 2004 anymore. I just sent the certified letters out yesterday so they must have corrected them on their own? I should note they still do show June 05 (I think it is) as 30 days late when they did not own the loan until Oct. 05.

In any case, we were denied credit, etc. and I can guarantee their negative and false reporting played a part in that.

Is there any recourse?

** Update: I just ordered my TransUnion report directly through them (well, TrueCredit) and low and behold - it IS still showing those months in 04 as 30/60 days late! So the report I ordered through Identity Guard isn't even reporting the correct information! I posted another thread about Identity Guard but now I'll definitely be disputing their charges w/ my bank to see if I can get my money back. ***