How to get mortgage company to report after BK...

[brokeinmichigan]

Our BK7 was discharged in August ('07). We did NOT reaffirm our mortgage, but have kept our home and paid our mortgage payments each month. Our mortgage is in 2 parts. Here's what the CR shows:

CHASE MANHATTEN MORTGAGE CO
Current Status: Pays 31-60 days
Date of Last Payment: 03/2007
Amt. past due: 1424.00

OCWEN LOAN SERVICING
Current Status: Included in Bankruptcy
Date of Last Payment: 02/2007
Amt. past due: 0

The CHASE mortgage shows up under both "Open Accounts" and "Negative Accounts".

The OCWEN mortgage shows up in "Closed Accounts".

I'm so confused, since we didn't include either of these in the BK, nor have we stopped making pmts, or missed payments since discharge.

Is there any way to get them to start reporting our payment history, or at least get OCWEN to not show as Included in BK?

Thanks in advance for any suggestions...

[poorme]

Are you aware that the debt was likely discharged, even though you didn't 'include' it in your creditor's list? There are lots of posts here on that topic - if the debt existed on the date you filed bk it is considered discharged even if not listed. The bank is just being cool - they want your money, not your house. You can technically walk away from it. I'd seek advice about your legal status, since the deed is at stake. Otherwise, you may try talking to the lender to work out a reportable situation and get the arrears cleaned up.

[brokeinmichigan]

Now that you mention it, I think I remember reading something about being able to just walk away from the house....not that we want to, though. I just wonder if there's a way that we can get them to report correctly, since we are making our payments and intend to stay here. Do we just contact the mortgage lender directly to discuss that possibility? Or is there another way to go about it?

Thanks for your reply.

[lrprn]

I just wonder if there's a way that we can get them to report correctly, since we are making our payments and intend to stay here. Do we just contact the mortgage lender directly to discuss that possibility? Or is there another way to go about it?

Frankly no creditor is required to report to the credit bureaus. However, when they do report, by law it must be accurate.

Start by challenging the inaccuracies with the three credit bureaus. DO NOT CALL THEM! Create a paper trail and send everything to them registered return receipt letter. The Federal Trade Commission tells you how to go about this - there's even a sample letter - http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre21.shtm. There are also form letters here in the Forum at http://www.bkforum.com/forumdisplay.php?f=22 - adjust the timeframe if you don't see any links.

If the credit agencies tell you the inaccurate information was confirmed by your lenders, then you send registered, return receipt letters to your mortgage lenders informing them what they are reporting is inaccurate and asking for correction.

Before sending the letters to your mortgage lenders, look over the information here - http://www.choicetrust.com/xsl/faq/f...a_consumer.htm - to learn your rights under the Federal Credit Reporting Act. Then demand in writing that they prove what they are reporting to the credit agencies is correct.

Finally if nothing up to now works, as a last resort contact a NACA (National Associate of Consumer Advocates) lawyer in your area - http://www.naca.net/credit-reporting-problems/. Many will work for a % of what you can win in a lawsuit where there are clear damages to you by their refusal to comply with the law. It may take retaining a lawyer experienced in pushing the "big boys" like Chase to finally get your mortgage lenders to report correctly.

Keep us posted about how your quest goes, ok? We are all hoping everything is corrected for you quickly. Hang in there!