Legal Question in Bankruptcy in Nevada
reaffirmation agreement
My husband and I filed for chapter 7 bankruptcy in 1997. After it was all said and done we kept our house and our second mortgage. At the time we filed we were not behind on our house or second mortgage payments. We also did not sign any reaffirmation agreements with these two mortgage companies. Recently, I requested a copy of my credit report and Conseco Finance (second mortgage) shows that our $28,000 loan had been discharged in Chapter 7 Bankruptcy, 1997. This is not the case because we have been making our payments for the last 6 years and have never been late. I contacted Conseco Finance and they said that because we didn't fill out a reaffirmation agreement that they cannot report it any differently to the credit bureaus. Is there something that I can do to get them to change this on my credit report because this is erroneous information. Please help!!!!!!!!!!!!!!!
2 Answers from Attorneys
Erroneous credit report
Your problem is not with your reaffirmation agreement or your Bankruptcy. This is about a mistake in your credit report. If you had completely read your credit report, you would have found instructions on how to dispute mistakes. If you cannot find the instructions, they are just this simple - 1 - Write the creditor and explain the error. Give them a copy of the credit report. Tell them what you want them to report. Give them 30 days to respond.
2 - Write the credit bureau. Give them a copy of the report. Tell them what you want them to report. Tell them to conduct an investigation. Give them 30 days to respond.
There is a tendancy to blame the Bankruptcy (and the Bankruptcy attorney) for whatever goes wrong. The people in the credit department where you have your mortgage made a mistake because they are ignorant and have no desire to help you. Your Bankruptcy is the excuse, not the reason for their mistake. Don't expect the truth from your creditors and don't expect them to help you, even though you have faithfully paid them. Become familiar with the laws regarding credit repair and assert your rights vigorously! Good luck.
Re: reaffirmation agreement
The problem you have is that the credit report is accurate. The second mortgage as well as the first were discharged in bankruptcy. You have to continue to pay them in order to keep your home because the lenders still have liens on your home, but they can not go after you personally to seek payment on these loans because they have been discharged. If you stop paying they can still enforce their lien and foreclose, but they can not sue you personally to collect the money. You can try and challenge the information on your credit report and see if that works, but if they are knowledgable about BK law they would be able to say the information is accurate. Sorry I don't have a more favorable reply for you.
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