nissandave
Member
What is the name of your state? nc
I just found out that the mortgage company (Washington Mutual) is reporting our mortgage 120+ days past due!!!!!!!!!!!!!!!!!!
Here's the story:
Wife and I filed chapter 7 and got discharge in 12/02.
Did NOT reaffirm mortgage, but elect to keep house by staying current.
Since bk was filed, the original lending company was bought out as subsidiary of Washington Mutual. Originally, it was named Homeside Lending. Then after a few months, they changed the name to Washington Mutual, as Homeside Lending was/is a subsidiary of Washington Mutual.
In 5/03, we sent mortgage company a note saying that we are abandoning the house. I send them a copy of my bankruptcy schedule D TWICE with a nice "Do not screw me over" letter.
Foreclosure begins and finishes in 10/03.
Now, as for my equifax credit report, here's the odd thing; There are 2 loans listed as mortgages for Washington Mutual. The first has our original account number and it is properly listed as IIB with 0 balance. However, the second loan is listed with a DIFFERENT account number (when the loan was transferred it was given a new account number) as a balance of 43k and 120+ days late, foreclosure proceedings started and does NOT mention IIB. THIS IS ABSOLUTELY KILLING MY SCORES !!!!!!!!!!!!!!!!!
As for a related issue, my attorney advised me that if the mortgage company keeps sending me paper bills/statements each month AND I did NOT reaffirm with them, then the statements can be considered as illegal activites of the creditor in that these are generally considered as communication and attempts to collect on the discharged debt. Now I know that their reply is going to be, "Duh, we were not aware of the bankruptcy.". As expected, after I sent them copies of my bk papers, the monthly statements stopped.
So, here I am tonight getting ready to mail out letters to the credit bureaus disputing that tradeline. Luckily, I kept a copy of a letter that the mortgage company sent my attorney stating that the mortgage is being transferred to another lender back during the time the bk was ongoing. I sent a copy of this letter with my disputes.
What do you think will happen and what, if any, recourse do I have if these idiots at Washington Mutual tries to keep that TL from reading properly.
I just found out that the mortgage company (Washington Mutual) is reporting our mortgage 120+ days past due!!!!!!!!!!!!!!!!!!
Here's the story:
Wife and I filed chapter 7 and got discharge in 12/02.
Did NOT reaffirm mortgage, but elect to keep house by staying current.
Since bk was filed, the original lending company was bought out as subsidiary of Washington Mutual. Originally, it was named Homeside Lending. Then after a few months, they changed the name to Washington Mutual, as Homeside Lending was/is a subsidiary of Washington Mutual.
In 5/03, we sent mortgage company a note saying that we are abandoning the house. I send them a copy of my bankruptcy schedule D TWICE with a nice "Do not screw me over" letter.
Foreclosure begins and finishes in 10/03.
Now, as for my equifax credit report, here's the odd thing; There are 2 loans listed as mortgages for Washington Mutual. The first has our original account number and it is properly listed as IIB with 0 balance. However, the second loan is listed with a DIFFERENT account number (when the loan was transferred it was given a new account number) as a balance of 43k and 120+ days late, foreclosure proceedings started and does NOT mention IIB. THIS IS ABSOLUTELY KILLING MY SCORES !!!!!!!!!!!!!!!!!
As for a related issue, my attorney advised me that if the mortgage company keeps sending me paper bills/statements each month AND I did NOT reaffirm with them, then the statements can be considered as illegal activites of the creditor in that these are generally considered as communication and attempts to collect on the discharged debt. Now I know that their reply is going to be, "Duh, we were not aware of the bankruptcy.". As expected, after I sent them copies of my bk papers, the monthly statements stopped.
So, here I am tonight getting ready to mail out letters to the credit bureaus disputing that tradeline. Luckily, I kept a copy of a letter that the mortgage company sent my attorney stating that the mortgage is being transferred to another lender back during the time the bk was ongoing. I sent a copy of this letter with my disputes.
What do you think will happen and what, if any, recourse do I have if these idiots at Washington Mutual tries to keep that TL from reading properly.