After filing for bankruptcy, certain issues may be encountered regarding credit reports and what information the credit bureau has on record. Below are some common problems and some solutions to help regain financial freedom.
I Did Not Sign A Reaffirmation-
Now My Creditor Is Not Reporting The Loan To The Credit Bureau...
Whether or not a reaffirmation is filed is totally up to the creditor. The policy of this office is to mail the reaffirmation to the client as soon as we get it.
As of late, however, there are several mortgage companies who have refused to provide a reaffirmation. After the bankruptcy is over, they typically tell you that “your attorney should have filed it.”
The only problem with that answer is that the reaffirmation has to be prepared by them (they are the ones with the loan documents that must be attached when it is filed and they are the ones with the terms of the loan).
For a time, we attempted to prepare and file our own reaffirmations, but the Court found those invalid. This is a very dishonest practice by companies and is likely going to lead to litigation in the future.
Unfortunately, unless someone is doing a class action lawsuit, it is not cost effective. The good news is that there is no legally responsible for the debt should anything happen that causes one to walk away from their car/house.
What Can I Do?
There are a few things that can me done to try to make it easier:
- Refinance and get away from that company.
- Place a written explanation (do not attempt this by telephone) on file with a credit report with the three creditor reporting bureaus. This is the best option. Simply draft a letter that demonstrates on time mortgage payments, and explain that because the mortgage company refused to provide a reaffirmation, the credit report is not reflecting the payments made.
- Contact your current mortgage company and ask them for a payment history showing all payments since the bankruptcy case was filed. Share that history with your new creditor and also ask that it be put on the credit history with the credit bureaus.
- Contact the credit agencies.
Experian—(formerly TRW) www.experian.com 1.877.284.7942
Equifax— www.equifax.com 1.800.685.5000
Trans Union— www.tuc.com 1.800.916-8800
Credit Report States Creditors Are Reporting The Debts As Not Paid And/or As Charge Off’s,
When They Were Actually Included In The Bankruptcy...
A recent study said that 97% of all credit reports are wrong. Credit reports should be monitored on a regular basis.
If debts are not being reported correctly, challenge those entries in writing with each of the credit reports. State exactly what the problem is.
This is the only option that will protect one's rights. Do not correct it over the phone.
The credit reporting agencies know they have no legal obligation if it is not submitted in writing.
CONTACT AN ARLINGTON BANKRUPTCY ATTORNEY FOR A FREE CONSULTATION TODAY
An experienced Texas bankruptcy lawyer can help address any concerns about the bankruptcy process.
Call the Law Office of Marilyn D. Garner today at 817.381.9292 for a free consultation to discuss how bankruptcy may help you realize financial freedom.The information contained in this article is general in nature and should not be considered to be legal advice, consulting or any other professional advice. In all cases you should consult with professional advisors familiar with your particular factual situation for advice concerning specific matters before making any decisions. There is no assumption of responsibility or liability for errors or omission in the content of this site. The information is without guarantees of completeness, accuracy, usefulness or timeliness and without any warranty whatsoever, express or implied. There is no warranty that the site or information downloaded from this site will be error-free, omission-free or free of viruses.