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Permalink Reply by 31cg1fw8yxswn on May 1, 2013 at 2:17pm

If you need quick response then have an attorney (credit error speicalist) make the contacts for you. If time is not a major issue then certified mail to the reporter and each credit agency with false reports is all that it takes.

First look on the credit report and see if there is identifying information as to the reporter of the false and defamatory information.  Then send the follwing to them as well as the reporting agencies:

There is usually no need to explain what happened or that there was a short sale involved, a false report is a false report and illegal and unethical to make. You re dealing with a false and efamatory report only, you dont care about the "other report" which could have been rightfully made..it does not exist! Have your client create a notarized sworn affidavit under penalty of perjury that they have never been foreclosed upon (or that they were not foreclosed upon for the mortgage as fully described herein). Send copies of this to each reporting agency by certrified mail (to track delivery date) with the following: 

A Letter to each agency involved referencing the affidavit. In the first line or RE: tell each agency that they have 3 calendar days from reciept of the letter to correct the false and defamatory reports that have already caused financial harm.  Make it very clear that damage exists due to their credit reporting error. Finish the letter with a deand that they provide full information regarding  exactly who provided them with the false and defamatory information that ha caused financial damage to you and when. Ask for the direct contact information for that party to be delivered to you within three business days as well. Explain that they must report this information to you and retain it in thier records for subpoena as required. Demand that you be notified instantly upon proper repair by whatever means you provide to them. Tell them time is of the essence as continual and repetitive harm is being done due to thier error.

This will get thier attention and probably a faster response than a standard challenge. I would expect 7 to 10 days to make the repair.  Either way they must by law place note of the challenge in the file and notify you of the actual reporter of the unfounded defamatory information even if they fail to remove it.

Each letter should be concluded "Conduct yourselves accordingly," this is a legal warning of pending action for failure to perform.

If you could not find the reporter of false information directly in the reports you will now have it given to you by the credit agencies.

Once you have the contact information of the reporter of false information you can call them and send another certified mail to them. Do not mention any short sale....either there is a foreclosure or not. That is what this is about. They must delete the entry completely..it is false and defamatory. If they wish to upload other information that is their perogative, however it must be properly backdated in all files or it will cause continued harm.

It may be possible that because the entry was not made in a reasonable time that no new entry can be made at this time. Laws vary state to state. This ouwld mean removal of the false information would end the cycle completly in those states.

Permalink Reply by Rachael Babinchak on May 2, 2013 at 2:17am

I LOVE THIS ANSWER!!!!!  I sent it to the clients...told them to sign it "Officer XXX and Officer XXXX" for extra emphasis.  I'm saving this template for future use!  THIS ROCKS!