I have 2 lenders reporting a 2nd mortgage (the same one, btw) as past due on my CR. I lost this home in BK, in 1997. The court took my home and it was auctioned. However, the papers I got from the lawyer seem to indicated we reaffirmed our home loans, which we did not. NOTHING WAS EVER SIGNED. In fact, the terms under which the original lender asked us to reaffirm were such we immediately told them to go screw themselves. The first (the ones that spoiled the deal) was no trouble to deal with. The second was the issue. They never responded to calls or letters. About 2 years after our discharge, we obtained a CR online and were quite surprised to note a lender we'd never heard of claiming we're now some 30 months past due on a large amount (about 15,000). We contacted them, and told them it was discharged in bankrutpcy, and they acted a bit surprised. Today, they appear nowhere on any report. Instead, the lender who immediately bought our note upon orgination (in reality, it was sold before the first payment was due) and was servicing it at the time of our BK appears, and continues to report us as past due. So too, does another company, ASC, who now claims to have charged off this loan, and continues to report it.... The amounts are very close to the same, and both claim it's for the home we no longer have. We sent notice of the BK to the second ( ASC ) who just ignored it and claims it's reaffirmed. Can we demand they produce that reaffirmation or drop this entirely? And by "they", I mean both? It won't make a huge difference in our credit score right now, but later on it will, once we've dealt with some business and medical debts (and taxes).
Here's what I would do. 1: Immediateky dispute the TL's as Discharged in Bankruptcy with the CRA 2: When the creditors confirm the TL's sue the creditors for $1000 each for posting a knowinglt false TL in the CRA file.
