Judgment Post Bankruptcy...IIB

[Phil]

I saw another post similar to this, but not identical and didn't want to hijack that post.

I filed chapter 7 in 2009. Received discharge October 2009.

I included my home in the bankruptcy and did not reaffirm. After bankruptcy completed, I walked away from the home and it was subsequently foreclosed.

My credit report now has a civil claim judgment. It states the judgment is in favor of US Bank and is reflecting a liability of $256000.00. It does NOT note this as a foreclosure or IIB.

I knew a foreclosure would be noted but this entry on my credit report doesn't mention foreclosure and appears as if this is an actual liability.

I disputed it with no success.

Is this legal since this was IIB and shows as a civil judgment and what can I do to have this removed? Do I have to file a motion to have this vacated or?? State is PA.

[IBroke]

You should check your state law but based on the info you provided, you should be able to have the judgment vacated because you included the debt of the mortgage in your BK and didn't reaffirm. In my opinion, they violated the law by going forward and having a judgment entered against you. And if the judgment was unlawful, it should be vacated.

You should file a motion to vacate at the court where the judgment was entered against you. However, I'm not familiar with the PA code of civil procedure. You would have to investigate the right "law" for your motion.

[Phil]

Thank you.

This is so frustrating! I did neglect to mention...the actual paperwork regarding the foreclosure even states the foreclosure was IN REM only and there was no personal liability for this money, ie no judgment since it was IIB.

It is the reporting on the credit report only that shows this as a judgment / liability for the money.

[IBroke]

Thank you.

This is so frustrating! I did neglect to mention...the actual paperwork regarding the foreclosure even states the foreclosure was IN REM only and there was no personal liability for this money, ie no judgment since it was IIB.

It is the reporting on the credit report only that shows this as a judgment / liability for the money.

In that case, the issue seems to be with the credit-bureau(s). I think the only advice I can give you is doing what you already did: Dispute it in writing, certified mail return receipt requested, explaining them EXACTLY that this was a foreclosure ONLY, WITHOUT a judgment against you and that you don't have any liability for it. I'd mail them this info with supporting documentation over and over again until they get it right. But seriously, I can understand how frustrating it is to have wrong information "verified"..