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    InMissouri2010's Avatar
    InMissouri2010 Posts: 3, Reputation: 1
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    #1

    Jan 27, 2010, 08:10 PM
    Can the mortgage company still report a foreclosure on my credit report ?
    In 2005 I filed bankruptcy and did not reaffirm my mortgage. I am walking away from my house 2010 - can the mortgage company still report a foreclosure on my credit report now, in 2010, even though I am not longer responsible and it was included and is already on my credit report as forgiven back in 2005? I am from Missouri. Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,272, Reputation: 7690
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    #2

    Jan 27, 2010, 08:36 PM

    There has to be some "error" in your bankruptcy

    First what type is it, chapter 13 or 7

    If the house was actually part of the bankruptcy, the court would have taken it and auctioned it off to pay off debts of the bankruptcy.

    So it appears that it was either not properly listed and included, or it actually was re-affirmed,

    Since you would have had to move out before the bankruptcy was final if it was included.

    Also the debt was not forgiven if you keep paying on it,
    So you have a lot of errors somewhere,

    But
    If you went bankrupt in 2005, keep living in the house and paying the mortgage, yes the foreclosure will be listed since you did not do the bankrutpcy correctly
    InMissouri2010's Avatar
    InMissouri2010 Posts: 3, Reputation: 1
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    #3

    Jan 27, 2010, 09:44 PM

    It was type of bankruptcy were everything is forgiven. I thought I reaffirmed my mortgage but found out just recently that it was not reaffirmed as an error on the mortgage side - the failed to sign it therefore it was included a forgiven debt in my bankruptcy. I asked them why they did not foreclose on my loan and their respone was because I had never missed a payment. They are not reporting my monthly payments on my credit report currently and my mortgage is reported on my credit report under bankruptcy. My question is if I walk away now can they report it as a foreclosure - even though it was forgiven under the original 2005 bankruptcy. They admit that it was their error and admit that I could walk away and they could not seek any type of reimbursement - so what do you think - can they report it as a foreclosure years later after the original debt has been forgiven? Thanks
    InMissouri2010's Avatar
    InMissouri2010 Posts: 3, Reputation: 1
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    #4

    Jan 28, 2010, 02:07 PM

    FYI - answer to my own question. After speaking w/ a few attorney's - the mortgage company cannot report a foreclosure on my home due to the debt being forgiven in my 2005 bankruptcy. They currently do not report payments being made to my mortgage via any credit corp and since the debt was declared forgiven - they therefore can not report it being foreclosed. The most that they could do would be to report a foreclosure noted under the 2005 case on file - but not adding a new mark with a new date. If the mortgage company would report it and use a new date the attorney's have suggested a letter be sent requesting removal immediately while explaining the forgiven debt and have it removed. We shall see - haven't walked away yet - but just might do it because I cannot get any help from anywhere... sorry to add to everyone's pain -but it is my pain as well.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,272, Reputation: 7690
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    #5

    Jan 28, 2010, 03:46 PM

    And to add more issue to it, since it was included in the bankruptcy, that puts a cloud on the title if you were to try and sell it, since ownership was suppose to be transferred at the time of the bankruptcy.
    pciro2180's Avatar
    pciro2180 Posts: 1, Reputation: 1
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    #6

    May 20, 2010, 12:24 PM
    I am going through the same issue with the bank error of no reaffirmation, which I am finding out a lot of banks do not reaffirm mortgages. Chase tried to get me to short sell the home and tried to tell me that I would not be responsible for the difference in the sell price and market value on my taxes since it was forgiven already. That is a bold face lie. They told me that they can report a foreclosure on credit and it is better to try the short sale. I talked with my attorney who advised me that they cannot add a foreclosure on a forgiven note, and it sounds like Chase is trying to get me to do the work on a house I no longer own to sell it and to put me on the hook for what might equate to 40,000 dollars since the housing market tanked. My advice to you, walk away, they can do nothing to you, no credit marks at all, and if they try to, you can sue them for credit fraud like I am Chase. Chase has been reporting me in 1 credit agency as never making a payment since the bankruptcy was over, even though all 3 state a zero balance. They are a bad company who preys on people.
    harleybyker's Avatar
    harleybyker Posts: 2, Reputation: 1
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    #7

    Dec 17, 2010, 09:29 AM
    Can I still get a mortgage if my house was included in my bankruptcy?

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