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THE LAW OFFICE OF E. SCOTT FRISON, JR.Attorney at Law

United States Supreme Court U.S. District Court for District of ColumbiaU.S. Court of Appeals for District of Columbia U.S. District Court for MarylandU.S. Court of Appeals Fourth Circuit Court of Appeals for District of ColumbiaU.S. Court of Appeals for the Armed Forces

August 2, 2007

EQUIFAX CREDITPO BOX 740241Atlanta, GA 30374www.equifax.com

Re: Denial of Credit, Inaccuracies in Credit Report, Removal of Disputed Reporting

Dear EQUIFAX,

My wife, Lisa Frison, and I were recently denied two (2) $650,00 mortgage refinance

loans. Ex. 1. And I was denied two positions of employment.1 The basis for the denials was

credit information maintained on us and reported by your organization. Immediate removal of

inaccurate information, production of corrected reports, re-computation and reporting of credit

scores is imperative. The disputed credit information is at Ex. 2 and each is addressed below.

DISPUTED CREDIT INFORAMATION

I dispute credit information reported on (1) Litton; (2) ASC; (3) GMCA; (4) LVNV

Funding; (5) Chase.

a. Litton Loan did not encumber property

I purchased the improved property at 216 Laurens St., Baltimore, Maryland, hereinafter

“property” in 2004. The earliest recorded legal description for the property is dated 1886, Ex. 3,

and reads in pertinent part:

1 DENIED appointment to the Prince George’s County School Board by County Executive Jack Johnson, and appointment as a Hearing Officer, Board of Veterans Affairs.

1629 K. St., NW, Suite 300, Washington, D.C. 20036 202-349-3951 (office)[email protected]

BEGINNING . . . running thence Northeasterly on the Northwest side of Laurens Street fifteen (15) feet 3 inches to the southernmost corner of a lot leased by George C. Patterson and wife to William A. Oliver dated December 14, 1885 and recorded among the land records of Baltimore City in Libre JB No. 1077 Folio 188 and thence northwesterly at right angle with Laurens Street . . . (bold added).

The legal description was affirmed at the purchase of the property by Mr. & Mrs.

Badmington, See Ex. 4. Mrs. Frison and I refinanced the property using WMC / Litton,

and its agents. We contracted to re-title the property tenants by the entireties. Instead,

WMC / Litton provided an incorrect legal description of the property in mortgage

documents filed in the Baltimore City Office of Land Records evidencing the new

mortgage. Ex. 5. As a result of the error by WMC / Litton there now exits a cloud to

title, the property can not be rented or sold.

The legal description filed by WMC / Litton and relied upon reads in pertinent

part:

BEGINNING . . . running thence northeasterly on the NW side of Laurens Street 15 feet 3 inches to the northernmost corner of a lost leased by George C. Patterson and wife to William A. Oliver dated 12/04/1883 and recorded among the land records of Baltimore City in Libre JB No. 1877 Folio 183; thence northwesterly at right angle with Laurens Street . . . (bold added).

A comparison of the legal description at the Original 1886 document to that drafted and

filed by WMC / Litton and relied upon by the foreclosure Trustee is dispositive when

reviewed side by side:

Original 1886 Legal Description Trustee Legal Description

. . southernmost corner of a lot leased . . . - . . Northernmost corner of a lost leased . .

. . lot leased . . . dated December 14, 1885 - . lost leased . . . dated December 4, 1883

. among . . . Libre JB No. 1077 Folio 185 - . among . . . Libre JB No. 1877 Folio 183


I sued WMC / Litton. During the course of litigation, Judge Heard ordered that

WMC / Litton was “barred from transferring mortgages until the resolution of the

matter.” Ex. 6.

Despite the order, WMC / Litton assigned one mortgage to ASC and the other to

GMAC. I have joined ASC as a defendant and will join GMAC within the week.

Please remove any reference to WMC / Litton from the credit report, and credit

our account with the scores such an adverse listing precipitated.

b. ASC & GMAC can assume no better position than WMC / Litton

WMC / Litton sought to avoid liability for it negligence and breach of contract by

assigning the questionable mortgages to ASC and GMAC respectively. However, neither can

assume any better position than WMC / Litton and the foreclosure action is filed in bad faith and

I have filed a counterclaim in that action and moved to dismiss the foreclosure.

Please remove any reference to ASC and GMAC from the credit report, and credit

our account with the scores such an adverse listing precipitated.

c. LVNV is disputed

This account was paid as agreed and closed at my request. All phone equipment

was returned. I dispute this debt. Please remove any reference to ASC and GMAC from

the credit report, and credit our account with the scores such an adverse listing

precipitated.

d. Chase account was previously investigated and removed

The Chase account was previously disputed and removed from our credit reports. See

Ex. 7 and the two prior settlement agreements. I have filed a civil action against Chase in

Fairfax County, Ex. 8. Pending resolution of the civil action, please remove any reference to


Chase from our credit report and credit our account with scores such an adverse listing

precipitated.

ARGUMENT

“As a general cannon of boundary law, it is well-settled that a call to an adjoining

boundary takes precedence over a metes and bounds description in the same instrument. Wood

v. Hildebrand, 185 Md. 56, 60-61, 42 A.2d 919 (1945). Applying the holding at Wood the call

to the “northernmost corner of a lost leased” takes priority over the “15 feet 3 inches” or any

other metes and bounds. The call in inaccurate in that the actual property call is to the

“southernmost corner of a lot leased . . .”

In Cassidy v. Charleston, Etc. Bank, 149 Mass. 325, 21 NE 372 the court held that

“[w]here, as in this case, the deed conveys one estate by a particular description, such description

must prevail over a subsequent general reference to a prior deed made for another purpose, and

such reference must be rejected.” Therefore the Substitute Trustee can not refer to any other

Deed of Trust or legal description except that provided at its filings.

In Holland v. Billingsley, 208 Md. 635, 119 A.2d 380 (1956), the court required parties

seeking to foreclose or otherwise seize a property must describe the same “with substantial

accuracy . . . which if the property has no street number, shall describe the property . . .” See

Thomas v. Hardisty, 217 Md. 523, 532 (Md. 1958).

At Holland, Judge Delaplaine speaking for the court held “the omission of a decimal

point before the figure ‘519’ and the omission of the word ‘acre’ made the advertisement

defective.” Holland, 208 Md. 535, 641 (1956) citing Free v. Green, 175 Md. 36, 199 A. 857

(______).

As indicated above, the cases in question are being litigated in civil court. The reporting

of the adverse information by the defendants is for the sole purpose of harming the good name


and credit of Mrs. Frison and myself. Please remove all reference of the accounts from our

credit file, re-compute our credit scores, compile corrected credit reports and provide such to all

putative credit grantors and employers provided such within the last six (6) months.

I appreciate your assistance in this matter and as stated above, time is of essence in order

to prevent permanent harm.

Respectfully Submitted,

E. Scott Frison, Jr., Esq.16409 Edgepark CourtBowie, MD 20716240-398-9283 (phone)[email protected]

CC:

Mr. John Friedline, Esq.Kilpatrick, Stockton, LLP1100 Peachtree StreetSuite 2800Atlanta, Georgia 30309-4530404-815-6555 (fax)


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