New derogatories every 30 days

[bravedog]

I was discharged back in February, but my mortgage lender keeps posting a NEW derogatory every 30 days... "Incl in bankruptcy". This keeps re-aging the debt. Can they do that? It effectively keeps my score low and I cannot recover even though I have had a perfect payment history since discharge.

With my mortgage company, they do not want to reaffirm but I am making regular monthly payments, which they seem happy to accept. Does that have anything to do with it?

Thanks!

[tobee43]

so did you surrender the house???? if you didn't and still are making payments; more than likely they are reporting you late because you stopped paying for a bit....while during the bk....did you catch up on what was behind??

the banks are just soooooo difficult to work with!

[bravedog]

so did you surrender the house???? if you didn't and still are making payments; more than likely they are reporting you late because you stopped paying for a bit....while during the bk....did you catch up on what was behind??

the banks are just soooooo difficult to work with!

No, I did not surrender the house, and I have never been late on any mortgage payment.

[tobee43]

did you ask the bank what the heck they are doing if you have never been late.

i would also immediately file a dispute with the reporting agency since they are reporting incorrect info.

[bravedog]

did you ask the bank what the heck they are doing if you have never been late.

i would also immediately file a dispute with the reporting agency since they are reporting incorrect info.

They are not reporting it late. The bank is putting a new derogatory comment every month that says "was in Ch. 7 bankruptcy". The funny thing is that it says "discharged" and "included in bankruptcy". They keep adding the same derogatory comment every time they receive a payment. This hurts my score significantly as it re-ages the debt. Can debtors keep putting derogatories every month on a discharged debt?

I will be happy to report it, but I don't know if that will stop them from doing it every time I send them a check.

[myfreebietoo]

Same thing going on with us

We are having the same issue as you. Mortgage co. and our HELOC bank are showing derogatory every month. Our discharge was in 11/09 and each month, they keep showing up. We have paid both on time prior to, during, and after the BK. I like how they are getting their money on time and we get a neg. ding on our score!!

What are the steps to get this stopped? Someone mentioned that it is violating a federal law. What law is that??

Really fustrating!!

Thanks!

[sofarsogood2]

Contact your attorney- what they are doing violates the discharge order. I had to contact the Office of the Ppresident for a creditor to get them to stop doing that. The dolts in the BK depts. at the creditor were useless and clueless.

[tobee43]

What are the steps to get this stopped? Someone mentioned that it is violating a federal law. What law is that??

Really fustrating!!

Thanks!

under the Under the Fair Credit Reporting Act, you do have legal rights.

you can contact the reporting agency and dispute the comments...they have to remove them if you can prove otherwise.

now...i'm a bit confused this situation is about a mortgage that was reaffirmed??? and you never missed a payment.

also i agree...i would contact your attorney to write the bank a letter if the bank continues to be in violation of the act.

[NoMoreRed]

Contact your attorney- what they are doing violates the discharge order. I had to contact the Office of the Ppresident for a creditor to get them to stop doing that. The dolts in the BK depts. at the creditor were useless and clueless.

Same thing that I had to do. I contacted my mortgage company many times and filed disputes with the reporting agencies several times with no luck. I contacted my mortgage companies Office of the President of the mortgage division and asked them to stop since it violated the discharge order. I also asked them to correct the reporting they were doing and said it would be filed in court as a violation which I would be seeking judgement on. The reporting immediately stopped and was corrected.

[Flamingo]

First note that your Bk was/is part of your bankruptcy and your mortgage was included in all the paperwork submitted for your bankruptcy. You may not be able to get that wording removed. We went through the same thing when we filed Chapter 13. The best thing to do is keep disputing and if you get no where with the CRAs, go directly to your mortgage company to fix the problem. If you were not late and kept your house, you should be able to get your mortgage company to show that in your credit reports but you may not be able to get the words "included in Chapter 7 filing" removed because it actually was included.

[helpmeout]

When I first checked my credit report, Experian and Equi fax reported the bank as saying my mortgage was included in the bk and had a 0 balance. Transunion was reporting no payments as late as July and was still showing a balance owed. I disputed it and Transunion removed any non payment information after May and changed the balance to 0.

Have you tried disputing it with the CRA?

[sofarsogood2]

Are there specific laws/ regulations governing how a discharged debt can be reported as far as non payment goes? I looked in the FCRA and it really doesn't address how discharged debt should be reported beyond IIB and -0- balance. I'd really like to have something in writing, like a law, regulation or statute to refer to. What happens to your credit report if you ride through property (but it is discharged in the BK), and later can't keep up with the payments due to job cuts- how does that report? Do they report you late every month forever or what?

[IBroke]

First note that your Bk was/is part of your bankruptcy and your mortgage was included in all the paperwork submitted for your bankruptcy. You may not be able to get that wording removed. We went through the same thing when we filed Chapter 13. The best thing to do is keep disputing and if you get no where with the CRAs, go directly to your mortgage company to fix the problem. If you were not late and kept your house, you should be able to get your mortgage company to show that in your credit reports but you may not be able to get the words "included in Chapter 7 filing" removed because it actually was included.

I'd say reporting "IIB" is correct - however, since the mortgage obviously WASN'T reaffirmed, I don't think they are allowed to continue the credit-reporting on a monthly basis. The reporting is supposed to include the IIB-notatation BUT is supposed to STOP at filing for BK if it wasn't reaffirmed. This monthly re-aging of a derogatory account that wasn't re-affirmed looks like a FCRA-violation to me..