Hello to all,
I'm trying to rent an apartment and am going in circles trying to resolve an issue, and time is of the essence. My Chapter 7 was discahrged 3/26/18. On 4/2/18 I applied for an apartment. The apartment complex uses a screening process administered by a company called RentGrow, that screens for credit, criminal history, etc. All of my results came back clear, and even stated that my Chapter 7 discharge wasn’t an issue. But the one issue they denied me on was two Civil Actions showing from my local county Magistrate Court. One, filed 8-19-2016, which was dismissed and withdrawn. The other filed 12-15-2016. This one is the actual Writ of Possession when I vacated the property. This was due to a nasty divorce being initiated, and my wife and I left the marital property. I filed a dispute with RentGrow and provided my Bankruptcy discharge paperwork. They responded with acknowledgement of the dispute, and as they are subject to the FCRA, stated they have 30 days to respond.
The issue is that they are saying I have two Public Records on file, which is true, but that they are unpaid and therefore a barrier to renting. Ironically, on their own report, the “Rental History” section is clear. I just pulled each of my three credit reports and NONE of the two civil actions are showing at all, either as a Public Record or the tradeline from the original rental company. The only Public Record showing is the bankruptcy (all of my reports aren’t reporting correctly, but that’s another issue).
Today I called the Magistrate Court and spoke with the court clerk. I explained the situation and she stated that even though the Civil Actions are public record, it was odd that RentGrow would deny based on the fact that they aren’t showing on the credit report. I asked if there were any way to remove or expunge the record of the Civil Actions, as they were discharged in the bankruptcy, and also asked if the discharge of the debt is basis for removal of the listing of public record of the civil actions, and she stated I need to consult with an attorney. My bankruptcy attorney states that with a dispossessory, there is no debt attached, only the record, and is unsure how that works in relationship to the bankruptcy discharge. She stated she will consult with her colleagues, as she's never dealt with this before.
So I continued to research, and it appears that in July 2017, a change was made limiting Civil Judgements relating to dispossessory being placed on credit reports, so that appears to be why they aren't listed on Experian, TransUnion, and Equifax. I don't know if I have any legal standing to seal or expunge the record of the Civil Action at the county court level. So that’s where I currently stand.
Any help is much appreciated, as time is of the essence is moving forward with this apartment.
