Mortgage payments were listed as late until arrears were paid in full on credit report. This has caused a problem because credit reporting agency has started the the seven years from the discharge date not the filed date. Arrears were paid by the trustee and normal payments were paid outside the plan. All payments were paid on time. Is there any way this can be corrected?.This is to be listed to be on my credit report for 12 years. Mortgage company refuses to change the way this is reported. Chapter 13 Bankruptcy filed may 2006 Discharged July 2011. Thanks for your help
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Mortgage company reporting late payments
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First, strictly speaking, although it is "common practice" to only report chapter 13's for 7 years...FCRA does not distinguish between chapters of BK, any BK can be reported for 10 years.
Second, in chapter 13, you don't receive a discharge of the mortgage, and yes, while you are in chapter 13, you are in default until cured.
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The lates will not report after 7 years.
Such as, if last late was in May 09, then after May 16 then the account will show no lates in the prior 7 years. (Payment history only shows for the most recent 7 years.) The mortgage line is still open - if I understand you correctly - so it will continue to report. But the late history will fade into the past.
Example is some student loans I had. They were last late in early 05. I brought them current, and then consolidated them (closed out these 2 original trade lines) in 2007. They still report, but the payment history no longer shows any lates since they happened 7+ years ago. If the account ends badly, then it will cease to report 7 years after DOFD. But if the account is negative, and then is brought good, its the lates that stop reporting eventually.~Staci
Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)
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