Foreclosure after BK

[caitty13]

I filed for BK back in 2009 - discharged in 2010. 1st and 2nd loans were not reaffirmed. This past March I filed for divorce and EX was supposed to take over the payments. Well he hasn't and just received a letter saying that he needs to make 2 months of payments or the house will be foreclosed on.

My question is since the loans were not reaffirmed and they no longer show as actively being paid on my credit report will the foreclosure show on my credit report? EX did not file for bankruptcy.

Just not sure how this will effect me.

Thanks,

[tobee43]

if the mortgage was listed on your petition and not reaffirmed it most likely is showing up on your credit reports as IIB (including in bankruptcy), if that is the case, no you personally have nothing to worry about. apparently, though even though you underwent a divorce, did you change the deed to reflect the house is now your husbands? since wells is contacting you, it seems as though you are still on the deed. also, why is wells trying to collect a discharged debt???

many decide to pay and stay, but they can still walk away without the bank being able to pursue you.

some times foreclosures that take place after bk do show up on your report, however, all you need to do is contact them and it should be removed. although usually it doesn't happen, not saying it doesn't, but if it does you most certainly can prove it was already discharged. as for your husband, do you know if he signed another deal with wells to keep the house? if so, he may be on the hook and this may be the reason they are attempting to collect a discharged debt.

[knitty]

some times foreclosures that take place after bk do show up on your report, however, all you need to do is contact them and it should be removed. although usually it doesn't happen, not saying it doesn't, but if it does you most certainly can prove it was already discharged. as for your husband, do you know if he signed another deal with wells to keep the house? if so, he may be on the hook and this may be the reason they are attempting to collect a discharged debt.

So it should not show up as a fcl on your report after BK? I was concerned about that when it did show
(bk 13 disch. recently no reaffirmation of the house) but mostly because we still do not have a NOD and nothing has been filed with the county. I haven't gotten all 3 reports yet, this was just Experian.

[tobee43]

my understanding is it should NOT show up if it was listing on your bk and discharged. most already show up as IIB. while many times they do foreclose after the close of the bk it is not suppose to show up after the fact as it was already discharged.

the issue is, the property is still in your name, most likely that's their argument, however, those i have seen on this forum where is did show up after their bk were able to get them removed after pointing out the mortgage being IIB to the CA's.

[knitty]

Thanks, I'll order the other reports then see about getting it removed