My bankruptcy was discharged on 9/2/05 and upon pulling my credit report from Equifax I have a negative account from my first mortgage company - Regions. When I filed I decided to keep my house and continued paying on my mortgages. I have never ever been late on a payment. In fact it is deducted every month out of my bank account. About 10 days after my discharge I received a reaffirmation agreement from Regions. I did not sign it since the bankruptcy has already been discharged. I contacted Regions about the negative credit reporting and I got transferred everywhere until they told me that according to them the bankruptcy has not been fully discharged and they are waiting on a No Asset report from the trustee. I asked why they put a negative hit on my credit report and they said because I filed for bankruptcy. Even though I didn't include them in the bankruptcy. That's the only excuse I got. My second mortgage and student loans are all in good standing. I called my attorney and they said that they will see if a No Asset report has been filed but pretty much indicated that it was odd that a mortgage company would be seeking a No Asset report and it was crappy of them to put my account in a negative standing. My attorney is pretty much useless. I am so PO'd over this. I had a fighting chance on my credit before Regions got a hold of it. Now my credit stinks. Is there a way to get it removed or changed? I have filed a dispute with Equifax but who knows how far that will go. What options are out there?
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The higher up in the bank you go, the better your chances are. Ask who is the manager of your local branch. Get his/her name and ask to speak to them.
Now here's the hard part...swallow all of your frustration and anger. Begin by saying something like, Hi, my name is xxxx and I have 2 loans with you (and whatever other accts. you may have.) I have a problem and I was wondering if you could give me some advice and help me resolve it. In other words, enlist this person to be on your team and maybe they will become your advocate. Believe it or not, they really do want to help people.
Now don't say it's a complaint, disagreement or anything negative. Simply say, There's something which I don't understand this, can you explain or help me to understand this situation? Briefly explain your situation w/out anger frustration.
Later, if you get no help, you can express your frustration. If you receive no help. Ask who is hogher up in the food chain (don't use that term). Ask if there is a branch or regional manager and what their name is and how to contact them. Remain cordial...build bridges rather walls. I believe that they are required by law to give you nanes and contact info. Even if they say, well that won't help any, tell them you'd like the name anyway. You might even use the little white lie, "Well, I wanted to tell them how helpful you have been, (None at all...but don't say that yet) and ask for their name and address so that you can write them a letter. Be sure to thank the person you spoke to for their time and efforts.
Start over again with the regional manager or whatever contact to whom you are referred. Same approach, same attitude. This time if you receive no acceptable resoluton, politely ask for the names and addresses of ALL of the federal and state government and banking institutions which govern them.
Tell that person that you are going to write a letter to these agencies regarding your complaing. If they won't release these, go to another bank and explain that you are having problem with Regions and that you need to file a complaint. What agencies should you contact.
Write a letter outlining the situation to the various agencies, list who you've spoken to, and cc those people. Now send a copy of this letter to the 2 bank offieials stating this is what I am writing to the xyz and the abc on date (about a week from the date you mail them). Would you like to make any response, do you believ that my statements are true and representative of our conversations, and would you like to have me include a response from you, Thank you very much for your time and effort. Sincerely,
You probably won't have to go as far as the last step to get action, but if you go that last step (don't threaten with it ahead of time), I can almost guarantee that your phone will ring or their will be a letter form them in the mail within the week.
BTW, my bank was recently bought out by Regions. I'm not real thrilled with it, but they seem to be a decent organization whic is suffering growing pains. If this is the case, then your only problem is getting the ear of someone high enough up to override the regular script. Best wishes, Art
Remember, Try to solicit them as problem solvers who are on the same side as you and you're working as a team. Avoid being adversarial, no matter how tempting this may be, until all other options are exhausted!
Youll probably have had success before then, however if you haven't -
Did you list your mortgage company as a secured creditor and list your house as an asset? I'm guessing you did, as otherwise you would not have been able to claim your mortgage payment on your schedule expense.
If so, then YES you did include your mortgage in the BK. All debts must be listed-and if you did not reaffirm a secured debt, then your obligation for that debt was discharged. Of course, the creditors security interest was not-so if you want to keep the house you have to keep paying. By law they are not supposed to send bills, or report a balance due on your credit report. If you did not reaffirm your 2nd, then they are the ones reporting wrong.
Regarding the student loans, those are non-dischargeable, so after the automatic stay ended they are able to continue billing you.
Originally posted by jayferellisMost of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.Comment
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I have been very patient and cordial with them. I started with the bankruptcy specialist and was returned back to her after 45 minutes of transferring throughout the Regions countryside but I kept my cool. My mortgage was originally with Union Planters but was brought into the Regions family. She has not been able to assist me with this credit issue and said that it was a consumer affairs issue. She also said she would look and see if the No Asset Report was completed and call me back. I will try to work up the chain tomorrow and see how far I can go.Comment
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I reaffirmed my second mortgage through a separate banking entity than Regions. Regions stated that they did not know of the bankruptcy until 9/10/05. Which was untrue since I contacted them back in May over the bankruptcy issue for advice. That is when the meeting of creditors occurred. My bankruptcy was discharged on 9/2. I received a reaffirmation agreement from them on 9/13. I contacted them in September in regards to the reaffirmation agreement. The Regions bankruptcy specialist said that since the No Asset report has not been filed that the bankruptcy remains open so they can still request a reaffirmation agreement. The negative credit reporting did not happen until October. It almost seems as if was retalliation for not signing the reaffirmation agreement. To date the No Asset report has still not been filed.
The student loans are back on deferrment since I am back in school and I have no concerns with them. I was aware that they would not be discharged.
Originally posted by StaciMMComment
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