Reporting to credit bureau after discharge

[pkbryant]

I filed Chapter 7 at the end of 2002 and it was discharged in March 2003, included in this bankruptcy was 1/2 of a home I owned with my ex-husband. The home (my 1/2) was surrendered and it clearly states this in the bankruptcy papers and the mortgage company at the time was notified. (Citi bought the mortgage in 2007 o 2008, I resent them the discharge papers then.) Beginning in May 2010, Citimortgage starting reporting negatively to Experian as my ex-husband is now in foreclosure on the loan. I called Citi and they informed me that my ex-husband filed bankruptcy in 2009 and mine is no longer valid because it expired and that I am still legally responsible for the debt and they can by law report to the credit bureau. My question is once a debt is discharged is it discharged forever or just for the next 8 years? And can Citi legally report to Experian without at least noting that this account was included in bankruptcy? Citi said I had to refile bankruptcy as mine has expired. I tried to call my attorney who handled my bankruptcy but unfortunately he is now deceased and his office is closed. I called the bankruptcy court but they stated that they were unable to give me any advice, I must hire a new attorney. Thank you in advance for any assistance that you may offer.

[pkbryant]

I'm sorry I just noticed I posted this in "Before the discharge", do I need to move it? Sorry, I'm new here!

[ccsjoe]

Was your name removed from title when you received your discharge? I believe once a debt is discharged, there is no time limit on the discharge itself. Maybe someone with mortgage-specific experience can chime in here.

[2manybills]

I filed Chapter 7 at the end of 2002 and it was discharged in March 2003, included in this bankruptcy was 1/2 of a home I owned with my ex-husband. The home (my 1/2) was surrendered and it clearly states this in the bankruptcy papers and the mortgage company at the time was notified. (Citi bought the mortgage in 2007 o 2008, I resent them the discharge papers then.) Beginning in May 2010, Citimortgage starting reporting negatively to Experian as my ex-husband is now in foreclosure on the loan. I called Citi and they informed me that my ex-husband filed bankruptcy in 2009 and mine is no longer valid because it expired and that I am still legally responsible for the debt and they can by law report to the credit bureau. My question is once a debt is discharged is it discharged forever or just for the next 8 years? And can Citi legally report to Experian without at least noting that this account was included in bankruptcy? Citi said I had to refile bankruptcy as mine has expired. I tried to call my attorney who handled my bankruptcy but unfortunately he is now deceased and his office is closed. I called the bankruptcy court but they stated that they were unable to give me any advice, I must hire a new attorney. Thank you in advance for any assistance that you may offer.

When a debt is discharged in bankruptcy, it is forever discharged! Is Citi kidding?

I would obtain a copy of your schedules and discharge in bankruptcy. Then forward it to them with a copy of your credit report and then to seek damages against them. Copy the credit bureau with that.

Did you have an attorney during your bankruptcy? Maybe you can contact him/her?

[pkbryant]

CCS- My name was removed from the title with a Quit Claim Deed but my ex-husband did not refinance and have my name removed from the mortgage itself.

2Many- I have disputed this with Experian and yesterday I received my results which make so sense to me at all. It says the outcome is "Reviewed" which as per there definition means the item was either updated or deleted; please review this report to learn the outcome. Looking at what I received in the mail yesterday Citi was not listed on that report. This investigation report is dated 8-9-10 and on 8-14-10 I received notice from Trucredit that Experian has reported the foreclosure on my credit report. So it is apparently still on my credit report or just added again effective 8-14-10. I can not pull a new report for another 10 days (limited to one every 30 days on Truecredit.) FYI-I can not contact my attorney as he is now deceased. :-(

[ccsjoe]

That being the case, I would follow 2many's suggestion and send copies of your discharge & schedules both to all parties involved (mortgage company, credit bureau, etc) with a written demand to correct your records or you will be seeking remedies against them.

[2manybills]

I would send Experian a copy of what you are getting from TruCredit also.

See if you can get some satisfaction without having to retain another attorney. Your files will be on Pacer, so you will be able to obtain copies of schedules and discharge there, if necessary.

[pkbryant]

Thank you both for your input and advice, it is appreciated.

[IBroke]

Citi said I had to refile bankruptcy as mine has expired.

You got to be kiddin', right?

If you type in the phrase "nonsense" at Wikipedia, that statement might show up as an example...

[pkbryant]

You got to be kiddin', right?

If you type in the phrase "nonsense" at Wikipedia, that statement might show up as an example...

I wish I was but unfortunately I am not. I am a very sweet person (nickname Mary Poppins) and I never speak rudely or mean to others but I told her "you are stupid, get off the phone".

Yes I have to agree, her statement just might appear on Wiki. Thanks for the laugh.

[music12]

an expired bk is just the funniest thing i've heard. where some people get their info i have no clue.