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Mortgage co. notified of bk - husband is not filing and he is lien holder???

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    #1

    Mortgage co. notified of bk - husband is not filing and he is lien holder???

    Okay, I've e-mailed my attorney but want to know your opinions in the meantime. We got a letter today (addressed to my husband) regarding MY bankruptcy being reported to our mortgage company (I am NOT on the mortgage just the title). How on earth did this happen and what are the ramifications for him even if we send a letter ASAP to clear it up? Do companies report anything to the credit agency right after they receive notice? Now that the mortgage company knows that the spouse of the mortgage holder has filed bankruptcy will this have any consequences for my husband's loan with them?

    I'm trying hard not to get angry yet b/c maybe there is a way to salvage this....
    Last edited by lalap123; 02-26-2010, 11:28 AM. Reason: left out info
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    #2
    Are you also on the mortgage note?
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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      #3
      Wow, thanks for your quick reply. No, I am not on the mortgage although I am on the title...

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        #4
        Originally posted by lalap123 View Post
        Wow, thanks for your quick reply. No, I am not on the mortgage although I am on the title...
        It won't affect his credit at all.
        Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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          #5
          Thanks. But given the circumstances of my case why was the mortgage company contacted at all? Is this something I need to have my attorney correct? The mortgage is only under his name so obviously this is not one of my creditors and in my opinion they shouldn't have been notified of my filing at all.

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            #6
            Originally posted by lalap123 View Post
            Thanks. But given the circumstances of my case why was the mortgage company contacted at all? Is this something I need to have my attorney correct? The mortgage is only under his name so obviously this is not one of my creditors and in my opinion they shouldn't have been notified of my filing at all.
            What needs corrected?

            I'd assume because you are listed as an owner on the deed the lien holder was notified.
            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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              #7
              Well, once my bk is discharged I'm assuming the mortgage co will get a notice, and what if they send something to my husband's credit report inadvertently (since the letter came addressed to him I'm assuming they have it in their system that HE is filing bankruptcy).

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                #8
                If something negative ends up on your husband's credit report, dispute it first with the CRA and then with the OC.

                What is in the letter that you think they "have it in their system that HE is filing bankruptcy"?
                Filed CH 7 9/30/2008
                Discharged Jan 5, 2009! Closed Jan 18, 2009
                I am not an attorney. None of my advice is legal advice in any way..

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                  #9
                  Well, the letter was addressed to him. I looked back at my paperwork and the only place I see our mortgage lender/address listed is in section 3 under payments over a certain amount made to creditors within last 90 days. I'm now wondering if my attorney should have only listed MY creditors that received payments over a certain amount within the last 90 days instead of listing all payments. Does anyone know this?

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