In past posts I've been struggling with my reaffirmed car and home not showing up correctly on my credit reports. Today, after a multitude of phone calls, I've found out that my car and home were never reaffirmed. A call to my attorney said that while she wasn't familiar with my particular case, she advises all her clients not to reaffirm, to just keep paying the monthly payment. She never discussed this with us at the time and did request reaffirmation forms for both our car and home, which were sent but then she never returned either form. The company for our car loan made several attempts by phone to get the form back and were either told the attorney was waiting on signatures or the calls weren't returned at all. The car company never called us personally regarding this. What the attorney told me today is that her advice not to reaffirm has to do with client protection. That if we had reaffirmed and then missed a payment they could have come back on us for the entire amount but that yes, they have the right to not ever report anything other than included in bk on our credit reports. I am 100% certain that reaffirming on both loans was discussed with the trustee and the bk court, while admitting that the reaffirms are not included, said that the trustee might have assumed that they were just not received yet. Here is how it reports: Car My TU: Not reported Hubby's TU: Not reported My EX: Open/current no bk mentioned Hubby's EX: Derrog/included in bk current My EQ: Derrog/$0 payment included in bk Hubby's EQ: Open/current/reaffirmed Home My TU: Not reported Hubby's TU: Not reported My EX: Open/current no bk mentioned Hubby's EX: Open/current My EQ: Not reported Hubby's EQ: Derrog/included in bk So now, I have two companies that I have been/am making current payments to (one since 2003 and the other since 2004) never late. Both claim they are not required to report the payments as current. Am I understanding this right? I disputed this once on EQ and my car loan reported briefly as open. It made my score jump 80 points. Then when they did their monthly update it went back to derrogatory and my score dropped again. What do I do? P.S. And as an afterthought, does this mean that if I were to simply stop paying on the vehicle and they came and picked it up, I would not be responsible for what is owed? I am curious about this not because I want to stop paying, but more for leverage. If I really have no responsibility to them for the debt anyway, the fact that I continue to pay on time benefits them. They are getting paid on a loan that they shouldn't be receiving payments on. Could I use that argument to get them to help me out by reporting current on my reports?
I want to expand on my p.s.... If I am not responsible for the car loan because it is included in BK and the loan company has no intention of reporting that I am continuing to make current payments, would it be better to get a payment history from the loan company showing that I was always current, get another car that will begin to show current history and let this car go?
