Middle of refi....problem with creditor

[hatecards]

We were discharged jan05. Credit scores are working their way up, 691-710. Working with company to refinance, 6.375 % on fixed rate loan....approved for non-cash out refi....but trying to do small cash out refinance to pay off small amount left on husbands truck, but hit a glitch. Creditor is showing on tradeline STILL as foreclosure. There was not any foreclosure. Was a disaster flood loan, sold 3 or 4 times, finally to this last company, who were included on our creditor matrix. We never heard from them, bankruptcy was discharged. We are now several months away from being 3 years post discharge, after speaking with them on the phone(with current underwriter for new refi), have said the loan is showing as active still for some reason, but they do have record of our bankruptcy and that it was an unsecured loan. They were having trouble finding the original note and said that it was showing in the process of charge off. Ok....this has been almost 3 yrs.... So, now what? They are supposed to call me back tomorrow so I can let the refi company know what is going on, and then we have to call them back so she can verify there was no foreclosure. I'm worried now...they can't come back after the discharge can they if they were included?

[lrprn]

I'm worried now...they can't come back after the discharge can they if they were included?

No, they can't. If the loan was included in your bankruptcy and it was not secured, then it's wiped out. And this company is breaking the law to not be reporting it as such.

If you filed with a lawyer, it would be worth buying 15 minutes of his/her time to have them send this company a strongly worded letter explaining the reality of the situation and threatening legal action if they don't correct this immediately. Lawyers sending a threatening letter on law office letterhead can work wonders in this kind of situation!