The bank that holds my mortage states that they can report my mortage as "included in a Chapter 13" for the full 7 years, even though it was paid outside the CH13 and was never delinquent. The CH13 was filed 5 years ago and successfully completed 2 years ago. Any comments on whether this is true or not, and what I can do about it?
Are "THEY" willing to put that in WRITING that they are willing to "LIE" to the CRA'S??? THEY ARE WILLING TO COMMIT FRAUD!?!?!?!?!
Can you get the bankruptcy trustee involved? Maybe they can "help" the mortgage company remember that THEY weren't included in the bankruptcy.
There is a class action suit going on about this now. My girlfriend has info I will try and get it for you. It basically said if the item is not included with the ch 13 then it cannot be reported as such.
Yes, they can do that as ridiculous as it seems. I feel your pain too! The CH 13 filing takes many things into account--your debts, your assets, your cash flow, etc. If you look back on your bk paperwork, you will undoubtedly see that the mortgage was included in the bk at debt then listed on another form as something that will be paid directly (outside the trustee). The mortgage company was listed as a creditor, thus they were notified of the filing. They now have to act within the bk stay even though you are paying them directly. It is a pain, granted. If you were me, and this was Chase Manhattan, you could be spending the entire 3 years of your CH 13 in front of a judge because your mortgage company had absolutely zero means by which to administer a bk mortgage that was paid directly. Search on my threads regarding Chase. OH MY GOD!!!! Just when we thought we had it straightened out for good, they redeposited 13 months worth of my mortgage payments back to my checking account on the same day. Before I even knew this had happened, our attorney called and asked me if had been paying our house payments since the last court appearance. Jesus!!!!! For the record, we never missed/paid late/shorted one of our house payments in the entire history of the loan. We also had 5 years of bank statements, cancelled checks, and copies of correspondence to show the court. A screwed up, out of control, mess! The good news is that Chase never reported any of the negative stuff on our credit reports. They reported it as "inc in bk" but that is all. When they redeposited all of the checks, the reported it as "foreclosed, 13 months past due at time of foreclosure." Our scores went from high 600's to low 700's to low 500's overnight and across the board. One dispute, poof! Gone! It still looks like we don't have a mortage. I guess that is better than a foreclosure! Good luck. When you are in a 13, your mortgage has great potential for problems. Watch it closely and keep EVERYTHING!!!!!
