Can a mortgage co, not included in bankruptcy, report “discharged in bankruptcy” on my credit report?
I filed for Chapter 7 bankruptcy in 2005. I only included credit cards in my bankruptcy. My mortgage company, however, reported on my credit report that the mortgage was included in the discharge of my bankruptcy. I was never late during the entire time of my bankruptcy through 4 years later when the home was sold. This record on my credit report is showing to be negative information and has an impact on my score from only credit reporting agency. The other credit reporting agencies that do not list this information has my credit score 36 points higher. I disputed the information and was told that the creditor reports the information to be correct. I contacted the mortgage company and they informed me that they had a right to report that information on my credit even though they were not included. Is there a remedy to remove this negative information from my credit report?
For a better understanding of my situation, the mortgage company only reported the negative information on my credit report after they received noticed that I filed for bankruptcy. They claimed that it didn’t matter if their debt was not being discharged. They believe they were still entitled to state under the mortgage that the mortgage was included as discharge in bankruptcy since I was in bankruptcy status.
For a better understanding of my situation, the mortgage company only reported the negative information on my credit report after they received noticed that I filed for bankruptcy. They claimed that it didn’t matter if their debt was not being discharged. They believe they were still entitled to state under the mortgage that the mortgage was included as discharge in bankruptcy since I was in bankruptcy status.
Asked by:C
Dan B posted: 24 Oct at 3:44 am
It looks like they continued to accept your payments on an account that was discharged in bankruptcy. Since they accepted the BK and reported it as discharged, they weren’t entitled to the money you sent them. You may need to contact a BK attorney and have them write a letter to either return the money or remove the discharge from your credit profile. I think they’ll take the latter.
StephenWeinstein posted: 27 Oct at 11:57 am
No one has the right to report incorrect information. Start by filing a complaint with whichever federal agency regulates the mortgage company. A lawsuit might also be an option, but it would cost money.
efflandt posted: 28 Oct at 3:13 am
You cannot pick and choose what is included in bankruptcy, Everything is included, except things that are exempt (like student loans or taxes) whether you list them or not. If you did not reaffirm your home loan, it was technically discharged, and you could have walked away from it at any time with no liability (but no home either). Didn’t your attorney explain that all to you?
Pablo posted: 28 Oct at 9:58 am
This is a question to your bankruptcy attorney. If they weren’t to be included in bankruptcy then why did you all send them notification? If you want it updated request your money back since it wasn’t supposed to be included, talk to your bankruptcy attorney and sue you creditor for reporting information incorrectly.
SPIFIMAN1 posted: 30 Oct at 5:48 am
I went through this back in 2001, I filed and signed a reaffirmation agreement with Ford even with the agreement they reported my account as included in bankruptcy (which by law it has to be, all open accounts must be included).
I contacted them and asked that they continue to report and they did.
Even with a signed reaffirmation agreement it’s up to the lender weather they continue to report or not.