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Need help with foreclosure reporting after discharged BK7
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rondaperfili



Joined: 25 Feb 2006
Posts: 1

Post Posted: Sat Feb 25, 2006 7:28 am    Post subject: Need help with foreclosure reporting after discharged BK7 Reply with quote

How do I get Mortgage to remove foreclosure from CR? BK7 discharged 8/02, did not reaffirm, ex-spouse stayed and paid for extra year and then bank started foreclosure and now it's reporting a foreclosed-redeemed, BK7 account closed 7/2004. They will not budge on removal. Said as long as they report I owe nothing they can report foreclosed. I am trying to get a new mortgage and no one will touch me. It is killing my score and hurting my intrest rates. How do I combat this???
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David A. Szwak



Joined: 06 Oct 2005
Posts: 3004
Location: Shreveport, Louisiana

Post Posted: Sun Feb 26, 2006 11:24 pm    Post subject: Re: Need help with foreclosure reporting after discharged BK Reply with quote

rondaperfili wrote:
How do I get Mortgage to remove foreclosure from CR? BK7 discharged 8/02, did not reaffirm, ex-spouse stayed and paid for extra year and then bank started foreclosure and now it's reporting a foreclosed-redeemed, BK7 account closed 7/2004. They will not budge on removal. Said as long as they report I owe nothing they can report foreclosed. I am trying to get a new mortgage and no one will touch me. It is killing my score and hurting my intrest rates. How do I combat this???


You need to dispute it in writing to the CRAs and let the reinvestigation process fail than your rights are vested to bring 1681i[a] and 1681s-2[b] claims.

The fact is that the mortgage is in a bankruptcy and apparently, for reasons I do not follow, the co-debtor stay was lifted and he alone took the mortgage outside the bankruptcy then failed and it foreclosed. The status post-BK, as to you, is solely his problem not your's. Explain your dispute to the CRAs and "cc" the bank and even "cc" me. I hope they see things differently and accurately report your data. BK is a "fresh start" but your ex's handling and the bank's reporting are killing your fresh start.
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David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak, LLC
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-424-1400
Fax 318-221-6555
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