QUESTION
What can I do to get my second mortgage out of my credit report?
Asked on Dec 04th, 2013 on Bankruptcy - California
More details to this question:
My first and second mortgages were discharged in a Chapter 7 bankruptcy in 2008. I pulled my credit report and found that the second mortgage was sold to a collection agency and it is affecting my credit. It was added in September 2013. Is this legal?
7 ANSWERS
Chapter 7 Bankruptcy Attorney serving Santa Monica, CA
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Law Offices of Glenn T. Litwak
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No. Dispute it.
Answered on Dec 06th, 2013 at 8:01 PM
Advocacy Attorney serving Boca Raton, FL
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Steven H. Meyer, P.A.
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You should send letters to the company that purchased your mortgage, enclosing a copy of your bankruptcy discharge and schedules. They should then remove the debt from your credit report. You should also send the same information to the three credit reporting agencies.
Answered on Dec 06th, 2013 at 8:01 PM
File a dispute with the credit bureaus. It is most likely a mistake.
Answered on Dec 06th, 2013 at 8:01 PM
A credit reporting agency can only report the truth, as reported to them by the creditor. You have a right to dispute that "truth". In your case, if the debt was in fact discharged in bankruptcy, then the credit reporting agency should report the debt as discharged in bankruptcy. If that is not what is being reported, file a dispute with the credit reporting agency and they have a duty to contact the creditor and tell them of your dispute. If the creditor is actually reporting incorrect information and won't change it, you may have a legal action against them, and you should contact an attorney for further advice.
Answered on Dec 06th, 2013 at 8:01 PM
You should dispute the report with the credit bureau and if possible, contact the collection agency and provide them proof that your second mortgage was discharged in your bankruptcy. That should clear up the record.
Answered on Dec 06th, 2013 at 8:01 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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The actions would constitute a violation of the discharge injunction. Dispute the debt with the credit agencies. Visit with your initial attorney. Make sure the collection agency has notice of your bankruptcy and ask them to remove the reports. If they will not then, your attorney will have to pursue the contempt action.
Answered on Dec 06th, 2013 at 8:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It may be improper if it was discharged. See an attorney with the details.
Answered on Dec 06th, 2013 at 8:01 PM