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FCRA Claim May Proceed Against Mortgage Servicers Based on Trial Loan Modification

 

Link: Pittman v. EXPERIAN INFORMATION SOLUTIONS, INC., (6th Cir. 2018)

This is a Sixth Circuit case worth reading because it contains an interesting discussion of how a trial loan modification of a mortgage can constitute an enforceable agreement and change the way a furnisher should be reporting the trade line to credit reporting agencies. The court reversed the entry of summary judgment in favor of defendants and remanded the case.

 If Pittman can show that there was indeed an enforceable agreement to modify his loan and that the Servicers were supposed to send him a permanent loan modification but instead reported him to the CRAs as being behind on his loan, then Pittman could make the threshold showing of inaccuracy required for a FCRA claim.

Plaintiffs through Edward A. Mahl of Michigan Consumer Credit Lawyers are alleging mortgage servicers BSI Financial Services and iServe Servicing, Inc. violated 15 U.S.C. § 1681s-2(b), which imposes certain duties on furnishers of information upon notice of a dispute sent to a consumer reporting agency. And of course the court refers to the seminal case on loan modifications and the Home Affordable Modification Program: Wigod v. Wells Fargo Bank, N.A., 673 F.3d 547, 554 (7th Cir. 2012).

Posted in FCRA

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