Got a post-discharge rework (no reaffirmation) -- but slapped with +120

[Tom_Mi]

Hi All,
I filed ch7 in Dec 2008, discharged in apr 2009. Included my house. The house pmt (arm) skyrocketed so I stopped paying and eventually negotiated a rework. The rework (no reaffirmation language) became effective Nov 2010, but when it did, the bank started reporting credit and hit me with 2 +120s, in Sept & Oct 2010.

Do you suppose they're playing 'chess' with me and did it to keep me from jumping ship at 2yrs or 3yrs post-discharge?

I know I have the upper hand 'technically', and I challenged it twice with the credit bureaus, but the bank said they were ok to do it. I let it ride because I want the rework to keep my house out of foreclosure until I'm 3yrs+.

Should I just suck it up and let the +120s sit there until I'm ready to move? I'm nervous that if I rock the boat they'll kill the rework before I'm ready.

[CCsAreEvil]

That's a tough call. I actually was on the phone with CitiMortgage recently. The lady claims after the discharge, everything "resets", and they can start reporting late (which they started doing). I told her that once a debt is discharged, it can never be reported with a balance or late according to federal BK law. She continued to disagree with me.

I have disputed this again with Experian and Equifax. If they continue to do this, I will mail them a copy of my discharge. Didn't someone say the gov't will fine them if they don't correct it? Also, how do we go about this again?

[BrokeinMD]

My attorney's letter to me at discharge advised me to check my credit to make sure they reported it discharged. If not, she said I have a claim against them under the Fair Credit Reporting Act.

Call you lawyer.