I had a modification done by chase bank in 2012 and they sold my mortgage to Caliber bank in 2013 ,and Caliber is showing that they modified my loan in 2013.. I want Caliber to remove that they modified my mortgage.
There is no reason that the modification will be removed from your credit report. Caliber is not a mortgage lender, they are a mortgage servicer. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced NC mortgage foreclosure defense attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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Before I try to answer your questions, I need to make it clear that the answers I am about to provide are NOT legal advice and my providing these answers does NOT mean that you (the question poster) and I have formed or are forming an attorney-client relationship.
Did you not enter into a second modification (with Caliber)? If not, you might want to notify each of the three federal credit reporting agencies (TransUnion, Experian, & Equifax) IN WRITING to dispute Caliber's report of a second modification. You might also want to copy both Caliber and Chase on each of your three credit report dispute letters.
Were you in default or behind at all on your mortgage payments when you applied for a loan modification with Chase? Have you been behind at all on your mortgage payments since Caliber took over the servicing of your mortgage from Chase?
Technically speaking, a mortgage modification per se should not appear on your credit report. What often happens in modifications is that the Borrower has either fallen behind on the mortgage payments before s/he applies for a modification OR the mortgage servicer puts the Borrower's "trial modification" payments in a suspense account during the "trial" period and the Borrower's payments during that period are considered delinquent (but the delinquency will supposedly "disappear" once the Borrower has successfully completed the trial modification program).
Under the first scenario, where the Borrower was already behind on the mortgage payments when s/he sought to modify the loan, the mortgage servicer is well within its legal rights to report the past due payments to the three credit reporting agencies. Under the second scenario, where the Servicer does not immediately apply the "trial" payments to the Borrower's loan account balance, the legality of that will depend on the wording of the Loan Modification Agreement and whether the Borrower agreed to the payments being treated in this manner. Normally, a mortgage loan servicer must apply any full payment received from the Borrower (even "trial modification" payments, I believe) within one business day of the servicer's receipt or else return the payment in full to the Borrower within ten business days with an explanation as to why the payment is being returned and what steps the Borrower now needs to take. N.C. Gen. Stat. § 45-91 (2016).
I definitely agree with the first attorney who answered your questions that you should meet with an NC-licensed attorney experienced in mortgage loan and servicing laws, as I wonder whether there is more going on with the servicing of your loan account than the possible double reporting of a single modification. If you can have that attorney submit a Qualified Written Request letter to both Chase and Caliber for the periods each company was servicing your mortgage, that could perhaps help you determine whether, or to what extent, either company had/has not been properly servicing your mortgage loan account.
With an attorney helping you, you may also have more bargaining power to get Caliber to remove even lawfully reported credit events related to your account. One other way in which mortgage loan servicers can "ding" a Borrower's credit report is by reporting a certain modification code to the credit reporting agencies, regardless of whether the Borrower has ever been behind on his/her mortgage payments. I don't know whether any provisions within the Dodd Frank Act now prohibit this reporting practice, so you will want to ask your attorney about thay, too.
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