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Hello, need your help...


Chonte4u
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I've been a lurker around here for quite a while, and really like the knowledge here. I'm not new to credit cleanup but I am new to BK yes, I had to file in Nov. 07 discharged Feb. 08.

I'm hoping I can get an answer to this question. I've already did some major cleanup on my CR Eq. 465 -Feb. 1 now 593 Ex 500 now 580 and TU 500 - now 550. I've been busy, I'm in CA and we had to give up our home to BK, but the Mortgage company is tacking on lates, I've written them and the CRA but they keep verifing, is this a violation. I know my attorney said that we can include our mortgage. I've even threatened to sue them. Please help - now 180 days late.

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we had to give up our home to BK, but the Mortgage company is tacking on lates, I've written them and the CRA but they keep verifing, is this a violation.

You gave up the house, they got the house back, and your liability for that mortgage has been DISCHARGED. There can be NO negative reporting on a discharged debt, it is a violation of the permanent injunction of your discharge to do so. Don't just threaten to sue them, get your BK lawyer to slap them with a motion for contempt and request for sanctions AND for FCRA violations for their actions !

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Thanks LadyinRed for your response, it amazes me after writing to all 3 CRA's and then wrote to Fremont that they would continue reporting. I just fired off a letter to the CEO, CFO and the Loss Modification office to cease & desist, negative reporting or I will sue, I sent these certified mail on Monday. They are now reporting 180 pass due of $35,000 - WTH!! It should only be reporting 30 days late, since BK filed in Nov. 07. As for my attorney, he needs a match lit under his bottom to get him moving on this!! Could I try to sue them myself or should I just call the Trustees office, here in Northern Calif.:(

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Trustee won't and can't do anything. You have to go thru the legal proceedings and a judge.

There's a bit of confusion here. You say filed in Nov 07, but have you been to court and actually been granted a discharge of the debt?

What's to confuse, the OP filed Ch 7 - which usually are discharged within 3 months of filing.

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