How does Debtor get "credit" on his credit report for
Posted: Wed Mar 20, 2013 4:22 pm
Chase is prohibited from reporting in the absence of reaffirmation; the
only proper and legal reporting is "discharged in bankruptcy" with a $0
balance due. If they report anything post-discharge, they can be held
liable for violations of the Fair Credit Reporting Act and possibly the
discharge injunction (via section 105).
On Wed, Mar 20, 2013 at 2:18 PM, Desiree Causey wrote:
> **
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>
> There must be something in the air today, as I received this exact call
> today from my former client to a 2nd mortgage that rode through a Chapter
> 7. The involved told the client that I did not do something so in a 3 way
> call, I heard the Chase representative tell my client that she needed to
> reopen the bankruptcy, sign the reaffirmation of the mortgage (as if), and
> then close it again. I informed the bank that we do not sign reaffirmation
> agreements in this office mortgages (and many other things). Chase refuses
> to report the clients timely payments without it. ****
>
> ** **
>
> Suggestions?****
>
> ** **
>
> * *
>
> Desiree Causey, Esq.****
>
> Law Office of Desiree Causey****
>
> 17011 Beach Blvd., Suite 900****
>
> Huntington Beach, CA 92647****
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> ** **
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> 714-375-6663****
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> 714-908-7646 (fax)****
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Holly Roark
> *Sent:* Wednesday, March 20, 2013 12:23 PM
> *To:* Strictly Bankruptcy Issues; cdcbaa
>
> *Subject:* [cdcbaa] How does Debtor get "credit" on his credit report for
> car payments in a "retain and pay" discharged car loan?****
>
> ** **
>
> ****
>
> For the first time, I have had a Debtor come back complaining to me that I
> didn't make him reaffirm the car loan debt because now the car loan (which
> is paid off, and title has been transfered to Debtor) is showing up on his
> credit report as "discharged'. Of course, it is ... because it was. This
> is apparently a problem, and the Debtor wants credit for having made all
> the payments. Lender refuses to report to the credit bureaus the payment
> history or report that the loan was paid in full. I have told Debtor to
> get a copy of the payment history and file it himself with the credit
> reporting agencies. This is also what I have advised for all my clients
> who are voluntarily paying their discharged mortgages. No one ever reports
> back to me how that works out for them so I have no idea whether this is
> successful in terms of getting "credit" on the credit report. If anyone
> knows, please share.****
>
> ****
>
> Does anyone else have any credit fixes in these scenarios? Please share.*
> ***
>
> ****
>
> ****
>
> Holly Roark****
>
> holly@roarklawoffices.com **primary email address******
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600****
>
> F (310) 553-2601****
>
> ****
>
> **For a quicker response, email me at holly@roarklawoffices.com. ****
>
> I only use gmail for my listservs, and am likely to miss private emails **
> **
>
> directed to my gmail account.******
>
> ****
>
> ****
>
>
>
Chase is prohibited from reporting in the absence of reaffirmation; the only proper and legal reporting is "discharged in bankruptcy" with a $0 balance due. If they report anything post-discharge, they can be held liable for violations of the Fair Credit Reporting Act and possibly the discharge injunction (via section 105).
On Wed, Mar 20, 2013 at 2:18 PM, Desiree Causey
The post was migrated from Yahoo.