Legal Question in Credit and Debt Law in Indiana

Re: False Credit reporting

I assume you did not reaffirm on the mortgage and that the assignee of the mortgagee is now reporting a monthly delinquency. If you did not reaffirm on the house, you have no personal liability to the original mortgagee or its assignee and any report by the assignee to a credit reporting agency would certainly be a false report. The first step to correct this is to write a letter, brief and to the point, to the credit reporting agency that you believe this information is being submitted to, to protest this debt. Then you need to contact an attorney to sue the assignee. There is a statute in Indiana that allows recovery of a maximum of treble damages and attorney fees in a civil suit if you prove your defendant also committed what would amount to a crime. There may also be remedies for you available under the Bankruptcy laws for the assignee continuing to attempt to collect the debt personally from you after knowledge of bankruptcy (this assumes that the assignee knew of the bankruptcy or has been so informed and that the mortgagee duped the assignee in this matter). Finally, there are rights under the federal credit reporting laws.

If you did reaffirm the mortgage, then you have no right to complain of the report unless you are actually making payments. If this is the case you can also protest to the reporting agency.