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Can discharged mortgage be wiped off CR?

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  • Can discharged mortgage be wiped off CR?

    Here is my situation and just wondering if any one else has had this happen? I was discharged in 12/09 chapter 7. Home was included but i said intended to stay but no reaffirmation done. I kept paying until dec 10" and stopped payments jan 11".
    My mortgage lender took all reporting off my credit report in sept 10 and started sending me those statements that said "you are not responsible for debt, yada yada".

    There is no indication of this mortgage (paying on time since Aug2003) on any of the three credit agencies reports, prior or after BK. Not even listed as IIB.

    Here is my question, can they now put the report of foreclosure on this discharged debt on my credit reports once the foreclosure happens?

  • #2
    I have a co-worker that's going through a very similar situation... points he has found out:
    The mortgage will stay on your credit report and should report IIB with no payment history. My co-worker was disappointed about this because he lost all the positive history but on the other hand, didn't show any late when he decided to stop making payments.
    Also, since you filed BK first, then stopped making your payments (similar to him), Your credit report won't show, 'Foreclosure' in the account status, it will show IIB with no payment history. However, if you attempt to obtain another mortgage in the future, a title/public records search will be done and that's where an underwriter will see the foreclosure reporting, not your credit report.

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    • #3
      chap...i have heard it happening to some...however, all you have to do is submit proof that it was included in the bk and it should be taken off...

      not always an easy task, however, you never reaffirmed...the bank MUST prove it or the credit reporting companies are obliged to remove that info ....also, if it makes you feel any better...your bk stays on for 10 years and a foreclosure and or repo usually it's 7 years...not that that is much consolation.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      • #4
        After my discharge on 2/10 my last mortgage (IIB) dropped off all three reports, also no foreclosure, only shows previous paid off mortgages!
        November 2, 2009: Filed Chapter 7, December 10, 2009: 341 Done! January 11, 2010 Last Day for Objections! February 9, 2010 Discharged!!! February 12, 2010 Case Closed, MyFico on 11/09: 550, Now: 715!

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        • #5
          Originally posted by SPalin View Post
          After my discharge on 2/10 my last mortgage (IIB) dropped off all three reports, also no foreclosure, only shows previous paid off mortgages!
          Hi Spalin
          Did you go through foreclosure after your discharge?

          I guess the question I have is if they legally can come back and report a foreclosure on my credit report if they have wiped the entire history of the mortgage off said reports. Its as if I never had the mortgage.
          I do realize a foreclosure is a public record, just don't want it on the credit report.

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          • #6
            The foreclosure was after my discharge, so they cannot report it on your CR as I was resolved of that debt.
            November 2, 2009: Filed Chapter 7, December 10, 2009: 341 Done! January 11, 2010 Last Day for Objections! February 9, 2010 Discharged!!! February 12, 2010 Case Closed, MyFico on 11/09: 550, Now: 715!

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            • #7
              Our mortgage is reported as in bankruptcy. It also reports that we were delinquent on a certain date. I have tried to no avail to get the delinquency removed. We never missed a payment, never late and continue to make the payment on time each month. Equifax keeps saying that the bank is reporting the info as being accurate. The bank says that that is the only way they can report it because we filed bankruptcy. All of our other creditors have corrected their reporting but we cannot seem to get our credit score to move upward because the report shows ONE DELINQUENT ACCOUNT which is the mortgage which was never late. Any advice??

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              • #8
                The only advice I can give is keep at it. There are certain letters that you need to send in certain orders. You need to find something on the trade line that is inaccurate....even if its something silly and then use that as your basis of dispute. The other option, and the one I am attempting right now, is if you move in the future... get your prior addresses removed off your credit reports. I just moved in December and all my IIB accounts and BK are now linked to an old address. So, I had all my prior addresses removed. I'm now in the process of disputing the tradelines as inaccurate. Why is this viable? Because when the credit bureaus try to do their "auto account validation thingy" they will not be able to verify my accounts because the addresses that are associated with them are no longer there. At least, that is the theory. I am waiting to see if the trade lines will get deleted.

                The other point, you should be able to get your credit up even if you have a delinquent account on there. Technically, all our IIB accounts are now classified as "delinquent". Even though we view them as "discharged debt". For example, I have 9 IIB accounts showing on my Equifax report. They are all reporting dates of first delinquency or dates of major delinquency (all after my filing date) but my score is still 685. So, I am unclear if your score is not moving upward just because of 1 delinquent IIB account. I am thinking there could be other factors at work.
                BK Ch 7 Discharged 09/2009 | Anything I say can and should be used as friendly advice and sharing of experiences with an unbiased viewpoint.
                Scores: EQ 745 EX 704 TU 710 as of 08/15/2012

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                • #9
                  All credit lines included in your BK should report as Included in Bankruptcy with NO active reporting (positive or negative) after the date you filed BK. They should report IIB.

                  If you have a stubborn creditor, get a letter from your BK attorney stating the error, what the correction should be, firmly reminding them they are in violation of the Bankruptcy Injunction and a court order. (I got one fixed that way)

                  Send letter with a copy of your discharge and the schedule sheet showing them listed. Call the creditor and make sure you send the letter certified to the correct department. Follow up with a phone call. Doesn't hurt to cc to CRA's also.

                  If that doesn't do it, google the creditor and find the phone number to an executive and contact them (got one particularly stubborn creditor to fix it thru a secretary to the VP- she had to get 3 departments on the line and working together to fix it.) She was very helpful. The letter I had sent them (from myself) got me a form response. Ugh! She got it fixed- yeah for me!

                  It's incredibly frustrating, but eventually you can usually get it done.

                  Just remember, you deserve to have it reported correctly- keep fighting!
                  All posts are opinion only- I am not an attorney.

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