Legal Question in Bankruptcy in California

I relinquished a home under Chapter 7. I contacted them and asked if I needed to sign a deed or anything else. Answer was no. My question is, can they still file it as a foreclosure? The corrected my credit report to state discharged in bankruptcy, but public records shows a foreclosure. I want to take action to fix, but am not sure if I have a legal stand.


Asked on 9/02/11, 10:44 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

It does not sound as if they are mis-reporting the action taken. Regardless of your offer to sign a deed, the property was foreclosed, and so it is reported as such. The only reason your credit report doesn't reflect a foreclosure is because the foreclosure (I assume) took place after the bankruptcy was filed, and your personal liabilty for the loan was discharged as of the date you filed bankruptcy. A credit report is personal, but the foreclosure of the property as reported via a Trustee's Deed is correct, and cannot be changed.

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Answered on 9/09/11, 3:41 pm


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