Need advice re: inaccurate TL reporting of mortgage IIB

[Homeowner]

NAMES CHANGED TO PROTECT THE GUILTY

I just found out that the mortgage company 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 salamander Mortgage. Originally, it was named salamander Lending. Then after a few months, they changed the name to salamander Mortgage, as salamander Lending was/is a subsidiary of salamander Mortgage.

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 salamander Mortgage. 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 salamanders at salamander Mortgage tries to keep that TL from reading properly.

[fla-tan]

I am transfering this post to the credit forum as this is more an issue that is in their area. I will keep a link to the post here in case there is someone here who can provide you with an answer.

 

 

fla-tan

Forum Moderator

[loanbroker32]

hi,

I have been reading all of your posts, I know you are talking about H*lending, I filed a BK7 in 2000 because my ex husband filed after we parted ways, he agreed to pay the mortgage and I paid the rest of the bills (i moved out), then one day he called me and said he couldn't afford to pay the mortgage anymore, so he moved out I moved in and then recieved a notice of intent to foreclose. I arranged a payment plan with the mortgage company, then i got a call from them saying they were going to cancel our payment arrangements because we were filing BK, so then I found out my ex decided to file a chapter 7BK, I didn't know what to do, next followed a foreclosure notice against me, even though I was the co-borrower and he was the borrower, they decided to come after me. I was told to file BK to stop the process, in which I did and decided to sell my house on what they call a "short sale". That was over 5 years ago and it shows on my credit as foreclosure/repossession/voluntary surrender in Nov.2001 then it says for Dec.2001 Charge off/collections/Bankruptcy, when the BK was filed in 2000 and discharged in July of 2001, the house was long gone before all of that. The hard pill to swallow is they were paid in full! and it never went to foreclosure and the house was sold in Oct. of 2001. I have been trying to get this thing off of my credit.

 

Does anyone have a suggestion?

 

Thanks