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Once a mortgage is discharged in BK it is considered settled, I owe $0.
If I continue to pay on a mortgage that is settled in BK, it cannot be reported to the credit bureaus.
The same should be true of a short sale, (or perhaps even a foreclosure).
A short sale, following BK releases only releases the lien, not the debt, because the debt was already settled. Yet the mortgage co reported the loan as "settlement". A debt can only be settled once.
This should, therefore be removable.
Does anyone know of a good strategy to make this case to the credit bureaus, possibly a case that was adjudicated, or even a link to an expert opinion on the web to substantiate this?
Thank you!
It's a violation of the discharge injunction to change the reporting after your successful Bk discharge.
Contact your attorney for specific cases.
Or better yet, contact a consumer attorney and show them the change in reporting after your Bk discharge. That way not only does the attorney get paid to take them to court, you end up with $$ too for the violation.