Forclosure after bankruptcy

[adriennedyar]

What is the name of your state? Florida
I declared bankruptcy ch.7 and it was discharged in 7/05. I included a mortgage in this bankruptcy. The mortgage company forclosed on the property in 10/06. This forclosure appears on my credit report as another negative mark. Is this correct?

[Ladynred]

If you did NOT reaffirm that mortgage, no it is not. There can be NO negative reporting after date of the BK filing date on a discharged debt. If you didn't reaffirm the mortgage, then all it should say is 'included in bankruptcy', zero balance, no past-dues after your filing date.

Dispute it as IIB and as illegally reporting negative information on a discharged debt.

[JETX]

Originally Posted by adriennedyar

This forclosure appears on my credit report as another negative mark. Is this correct?

It depends on EXACTLY what you mean by a 'negative mark'.

If you mean that they are reporting your history ACCURATELY, you have no right to change 'history'. The history of delinquencies can be reported, but the balance must be zero.

However, if you mean that they are still reporting it as an active debt or showing a balance, contact the CRA (Credit Reporting Agency) in WRITING (certified RRR, keep copies) and ask them to correct the record. Include a copy of the court discharge and schedule F.

For more, go to: [url]http://ezinearticles.com/?Your-Credit-Report-After-Bankruptcy-What-To-Look-For&id=82310[/url]
and
[url]http://www.bankrate.com/brm/news/bankruptcy/20060103a1.asp[/url]

[Ladynred]

A history of delinquencies PRIOR to bankruptcy CAN be reported. However, they can NOT report ANYTHING negative, not even a legal forclosure, on a discharged debt. All they should report is "IIB", and zero balance.

[url]http://www.moranlaw.net/creditreports.htm[/url]

And some case law:
[url]http://207.41.19.195/scripts/show_matches.pl?file=decisions/20030903-pk-TERRI_J._GOODFELLOW.html&strings=Goodfellow[/url]