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Can both original and new servicer report account in Bankruptcy

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  • Can both original and new servicer report account in Bankruptcy

    Hello everyone
    I filed chapter 13 Jan 2015

    Mortgage sold Sept 2017

    Loan Mod Dec 1st 2017
    New servicer reported to credit this month that my account was opened 2013 , 150 days late, account close due to chapter 13 filing DEC 29TH 2017

    Can the new servicer report this after confirmation? The original loan was opened in 2013 and became past due in Nov 2016. I know I can dispute the 2017 bk message but how can this company report this... Its like I'm being dinged twice showing 2 mortgage accounts closed due to bankruptcy

    I always feel like chicken little " the sky is falling" when I post. Because the responses are so sensible and calm

    Sending from my phone forgive typos

    Thanks in advance

  • #2
    Did you keep the home and you are continuing to pay. I would work with the current and prior lenders to attempt to fix the problem. I know it can be frustrating and it could take some time. The double mortgages reporting included in bankruptcy is not what's bad. Its the late reporting that is bad. At best, they should report Closed, Included in Bankruptcy, and a $0 balance. You may need to find the right place to call and then follow up with a letter as well. From what you write, the details have errors so they should be fixed or the entire tadeline removed.

    I don't even know if it's affecting you.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Yes, I'm continuing to pay I want to keep my home. I will call the mortgage company tomorrow and write a letter to the correspondence dept. The double mortgages reporting is really bugging me just doesn't seem right. The second servicer is only reporting to transunion and experian scores 603 and 606, Equifax score is 636 scores purchased from Equifax I do think that its affecting the score...maybe not. I'm tired of the fight but nevertheless I push on.

      one more question I'm planning to convert to a 7 and made the comment to my lawyer that my case can not get dismissed that's 10 years reporting and nothing is discharged.

      My attorney told me she can not find in the law that a dismissed 13 reports for 10 years she said its only 7 and that what I'm reading from the internet is wrong. Do you know where I can find this ?

      Thanks as always JB!

      Comment


      • #4
        The actual law is that all bankruptcies can be reported for 10 years. The credit bureau association (or whatever you want to call the collection agencies that set "standards" within their industry) give a reprieve to Chapter 13 debtors by reporting the bankruptcy for only 7 years. The law is quote clear as it only provides this 10-year reporting exclusion for "cases under Title 11" (which is the bankruptcy code). Again, the CRAs have decided, on their own, to report Chapter 13s for only 7 of those ten years, and the full 10 years for dismissed cases and Chapter 7 cases (regardless of discharge).

        The code reads, below, that they may report no more than 10 years.

        15 U.S. Code ยง 1681c (605(a)(1)) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.
        References:
        https://www.consumer.ftc.gov/sites/d...orting-act.pdf

        https://www.law.cornell.edu/uscode/text/15/1681c
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment

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