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ARTICLE · 02 MARCH 2012

2012 FCRA Newsletter

In March 2008, Plaintiffs applied for a home loan modification and subsequently filed suit after encountering problems with the process and derogatory information was reported on their credit files.

United StatesLitigation, Mediation & Arbitration

Court Finds Fact Issues Based on CRAs' Summaries of Consumers' Disputes

Bradshaw v. BAC Home Loans Servicing, L.P., 2011 U.S. Dist. LEXIS 110781 (D. Or. Sept. 27, 2011)

Facts: In March 2008, Plaintiffs applied for a home loan modification and subsequently filed suit after encountering problems with the process and derogatory information was reported on their credit files. The dispute centered around whether Plaintiffs made timely payments pursuant to BAC Home Loans Servicing, LP's ("BAC") instructions while the loan modification was pending. Plaintiffs alleged that they always paid in accordance with BAC's directions yet BAC reported Plaintiffs as delinquent to the consumer reporting agencies ("CRAs").

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