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Can bank pull credit reports on BK'd mortgage in a short sale?

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    Can bank pull credit reports on BK'd mortgage in a short sale?

    We were discharged June 2010. Did not reaffirm house. Decided to short sale (doing the bank a favour in our opinion!). 2 mths into short sale process and have an offer from a buyer.

    Today we get notification from our credit watch service that Wells Fargo (Rels Credit) pulled our credit yesterday.

    CAN THEY DO THAT ON A DISCHARGED DEBT?

    We're spitting mad because:
    1. We could just do nothing and let it foreclose and tell them to shove it
    2. We're trying to rebuild our credit and hits hurt our score
    Stopped paying c. cards February 2009
    Retained attorney 11/5/09 - $100k in C.Card debt - $120000 per year income - Filed Feb 2010 - 341 Apr 2010 - No Asset Case/Report of No Dist Apr 2010 - Discharged June 2010
    Case went without a hitch!
    I HELD MY HEAD HIGH IN THAT COURTROOM AND NOW I AM MOVING ON!

    #2
    If you did not reaffirm the debt, then there is no good reason to do a short sale post- discharge. Any documents you sign are post-petition and if not very careful could expose you to a deficiency.

    Just walk away from the thing.

    Good Luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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      #3
      since wells fargo still holds your mortgage and debt is still there, you are just not liable for it, they can pull your credit.
      In reality that hard pull effects your credit very, very, very litttle.

      Comment


        #4
        Originally posted by BKParalegal View Post
        If you did not reaffirm the debt, then there is no good reason to do a short sale post- discharge. Any documents you sign are post-petition and if not very careful could expose you to a deficiency.

        Just walk away from the thing.

        Good Luck
        Agreed - I'm not even interested in attempting a short sale. My house is underwater no matter how you slice it; as a result, my strategy is entirely different.
        C7 Filed: 2009-11-06 | 341: 2009-12-14: | DISCHARGED: 2010-02-09
        Condo: Walked away due to 2nd mortgage intransigence; 1st foreclosed. Now totally DEBT FREE!!

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