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Need some help understanding …

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Anonymous
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Need some help understanding …

Need some help understanding …

In Jan 2012 spouse and I filed for Chapter 13. It did not include our mortgage—which we were delinquent on at the time of filing. We were served an intent to foreclose in 2014/2015, which was finalized in Nov 2016 while we were still making wage earner payments to our trustee. The house went to auction on Nov 16 at a sheriff’s sale, in which the bank bought back for $100. We vacated the house and have since learned it is being rented.

Chapter 13 was discharged in Nov 2017 and neither of our credit reports has ever reflected a “foreclosure,” Instead, as of Jan 2018, Equifax reports our mortgage “Payment Status” as being “included in Chapter 13;” while Transunion states, “wage earner of similar plan;” and, Experian states, “Debt included in or discharged through Bankruptcy Chapter 13.”  And, under “Worst Delinquency” Experian also states, “Bankruptcy Chapter 13 petitioned, or discharged, and bankruptcy Chapter 13 reaffirmation of debt rescinded”<—not entirely sure what this means. The account is scheduled to be removed May of this year, and as of this writing, it has disappeared from Experian altogether.

Curious to know . . .

  1. Is there a possibility this foreclosure can still be reported even after it has been removed from all 3 reports?

  2. Does the fact that the house has not actually “sold” have any bearing on how it gets reported, in other words, if and when the house does sell in the future will it come back to haunt us?

 

Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: Need some help understanding …

It seems that you are, in effect, saying that the current reporting that the mortgage was included in your BK is inaccurate??

Message 2 of 5
Anonymous
Not applicable

Re: Need some help understanding …

Well yes, that much I do believe. But if it is benefiting me I'll be happy keeping it the way it is, especially if it's coming off my report shortly. But still curious about future possibilities of what could happen.

Message 3 of 5
RobertEG
Legendary Contributor

Re: Need some help understanding …

If the mortgage was not included in your BK, then yes, they can still foreclose on the mortgage and report as such.

Foreclosure is a separte derog that can be reported at any time, provided it is accurate, and will then have an exclusion period of 7 years from the date of the foreclosure.

 

However, such reporting may never happen if the creditor mistakenly believes, as they have apparently reported, that the debt was in fact included in your BK.

Do you have any recent indication that they are in the process of foreclosure that might result in their realization that the loan was not included in your BK?

Message 4 of 5
Anonymous
Not applicable

Re: Need some help understanding …

Just spoke with the lawyer's office who handled my bankruptcy. They told me that my plan was amended to include my foreclosure. So I guess I am lucky. 

Message 5 of 5
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