Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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HOA lien on bureau showing a balance post CH13 discharge.

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  • HOA lien on bureau showing a balance post CH13 discharge.

    I just completed a 60 month CH13 plan (final payment 11/14) and discharged 3/15. I'm in the process of buying a new home and my Loan Officer highlighted a HOA "legal item" on my credit report. I had assumed that it should be listed on my report because I thought it was filed prior to my BK/Foreclosure. The home was foreclosed days prior to filling..

    I showed my L.O the BK discharge paperwork that highlighted the HOA didn't pursue recourse through the plan and that it was a non issue/closed. The L.O is adamant that I need to get a 'clearance' letter indicating that so i can proceed to underwriting. I called the Circuit Court here in AZ to get some record it's a non issue and was referred to the HOA attorney. I contacted the Atty and was told "yes" the issue is closed and there is no action. He stated he was not aware of any "clearance" documentation and that any L.O etc should know that.
    I communicated this with my L.O and was told she still needs something showing it's closed.

    So I started doing some research online and came across some threads here stating that my report should not show a balance. My report has the date column blank and shows a balance of $1850. I assume this is where the issue lies??

    I'm a bit overwhelmed, a lot frustrated and confused, so my questions are..where do I start to get this taken care of?
    Is this an issue I have to take up with the Big 3 bureaus?
    Do I need to contact my attorney and pursue legal recourse against someone? If so then who?
    Is the circuit court the one that makes the final decisions since they filed the judgement?
    My own attorney doesn't want to hear from me (my plan was very challenging to get through) so unless I throw money at him I don't foresee much assistance.

    My ultimate goal is to get some sort of proof this is a non issue so I can move forward on our home. We've been looking for months and believe this is the last obstacle to getting qualified. I also understand the bureau reports will take time but wanted to see if anyone was aware of something I can do in parallel.

    If anyone reads this, I really appreciate it and my apologies for the rant...

  • #2
    I would dispute this with the CRAs. I had the most success with them when I provided documentation, such as the listing of creditors (showing the HOA) and a copy of your discharge. I ran into the same problem when I started talking to lenders. They said that my previously FCd mortgages were still showing a balance. I disputed and it was immediately fixed. Good luck.


    • #3
      Balance less than $2000 shouldn't even be an issue. If total is more than $2000 then the Underwriter can use an estimated payment of 5% of the balance.

      Disputing items is a bad idea if you're applying for a mortgage. If your dispute doesn't work you'll have to "undispute" the items during the loan process. The LO can get his/her credit provider to call the attorney and verify the balance also. This would update to $ 0 balance.


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