• About
  • Buy Bankruptcy Package
  • Buy Foreclosure Defense Package
  • Contact Us
  • Donation
  • FAQ
  • Services

FightForeclosure.net

~ Your "Pro Se" Foreclosure Fight Solution!

FightForeclosure.net

Monthly Archives: February 2018

How Homeowners Can Effectively Challenge Bankruptcy on Credit Reports

20 Tuesday Feb 2018

Posted by BNG in Bankruptcy, Judicial States, Non-Judicial States, Your Legal Rights

≈ Leave a comment

Tags

Bankruptcy, bankruptcy court, bankruptcy on credit report, chapter 11, chapter 13, chapter 7, credit disputes, credit report, homeowners, items on credit report, remove bankruptcy, remove bankruptcy on credit report

Removing a bankruptcy from your credit reports is somewhat complicated because bankruptcy is a legal action which dismisses you in part or in whole from your debts.

A Chapter 7 bankruptcy proceeding stays on your credit reports for 10 years. A Chapter 13 bankruptcy proceeding remains on your credit reports for 7 years.

After you file bankruptcy make sure all of your creditors and accounts which were included in the filing are listed on your credit reports as “included in bankruptcy.” If not, the creditors, late accounts, collection accounts and charge-off accounts will continue to be listed as due and owing and will severely lower your credit score.

Disputing a bankruptcy and getting it removed is difficult. It may be a waste of time disputing a bankruptcy as “not mine”, especially when it really is yours and can be easily verified. However, verifying disputes based upon facts is not as easy.

Disputing facts such as filing date, balance of liabilities, type of bankruptcy, social security number, discharge dates on debts, type of accounts and even docket dates are a lot harder to investigate.

There are a few ways to dispute bankruptcy listings that may work. First, remember that credit reporting agencies verify records through a third party database such as PACER or LEXIS NEXIS and some even verify through other creditors.

Even though credit reporting agencies will list the bankruptcy court as the “furnisher” of information, no one at the credit reporting agency actually contacts the bankruptcy courthouse where the proceeding was filed. Below are several strategy options to remove a bankruptcy from credit reports:

1. Inaccurate Reporting
Look for incorrect reporting of facts and dispute the listing. It may get deleted and no further work is necessary. A bankruptcy must be listed accurately in your credit reports.

2. Method of Verification
If the listing gets verified and remains you have the right to request the credit reporting agencies’ method of verification. Request the credit reporting agencies send you the following:

(a) The name of the courthouse;
(b) the person’s name they verified the dispute with;
(c) the address;
(d) the telephone number; and
(e) the documentation used to verify the dispute.

The CRA’s must respond to your request within 15 days and provide the information. Undoubtedly they will only respond with the name and address of the courthouse. But this is good.

3. Follow-up Letter to Credit Reporting Agency
Now you can mail another letter to the credit reporting agency and let them know you contacted the court and were informed they do not furnish records and information to the credit reporting agencies, which they do not.

Can you imagine the time and legal ramifications if court clerks spent the time to personally verify and follow procedures of the Fair Credit Reporting Act. The courts rarely, if ever, verify public records with credit reporting agencies according to the FCRA.

4. Get your Proof in Writing
In order to create your paper trail you may wish to send a letter to the court administrator of the courthouse where the bankruptcy was filed. In your letter request what their procedure is for verifying records with the credit reporting agencies. When sending court clerks any letters ALWAYS INCLUDE A SELF-ADDRESSED STAMPED ENVELOPE if you want a response.

Depending on their response, you will have proof on paper that the actual courts do not verify information directly with the credit reporting agencies. Now take that letter from the court and follow-up with another letter to the credit reporting agency with your proof the courts do not verify bankruptcy filings.

5. Request a Deletion
Should the credit reporting agency respond by telling you they are not required to give you that information, they have violated the FCRA. If the credit reporting agency does not respond within 15 days they have violated the FCRA and the entry must be deleted.

The FCRA, Section 609 a (2) regarding disclosures provides leverage to get the item deleted. You can request to see what they used as proof to verify the bankruptcy and if they are unable to provide it, the bankruptcy must be deleted. The credit reporting agency must disclose the source of the information.

Also, FCRA, Section 611, paragraph (6)(B)(iii) regarding procedures and results of reinvestigation states “…if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available…”

Credit reporting agencies are required to conduct investigations of disputed items with the “furnisher” of information. The Bankruptcy Court should be the furnisher of information, not a third party source such as PACER or LEXIS NEXIS.

Vigilant nagging and challenging the credit bureaus on the method of verification process may be the best way to get a bankruptcy removed, but there are no guarantees.

As you have read removing a bankruptcy from your credit report is possible; however it is time consuming and complicated. If you do not have the time to invest in removing a bankruptcy from your credit report or have been unsuccessful in your attempts, consider Lexington Law. In 2011 Lexington Law removed 22,968 from consumer credit reports. Call (877) 587-4574 for a free consultation on bankruptcy removal and credit repair.

Concentrate on Re-establishing Good Credit

Begin re-establishing your credit as soon as possible after a bankruptcy. There will be fewer options and some credit card companies and banks will deny an application when a bankruptcy is listed on your credit report. But start with secured credit cards where you deposit a specific amount in an FDIC-insured account and your credit limit is equal to what you’ve deposited with the card issuer.

If you belong to a credit union ask about a credit builder loan or a loan secured with a savings account. A personal loan is an installment loan and this can really boost credit scores.

Make sure the card reports your payment history to all three major credit bureaus. As you begin to repay on time, your good payment history will be factored into your credit score and the sting of bankruptcy will matter less.

As more time passes the negative effect of bankruptcy will diminish as long as you continually pay all of your bills on time. Bankruptcies on credit reports take on less significance as the filing becomes older. In fact most banks, lender, mortgage companies and auto dealers know consumers with a bankruptcy can some times be a better credit risk because they have less debt and a clean slate.

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

Home owners should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/

Advertisements

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Enter your email address to follow this blog and receive notifications of new posts by email.

Recent Posts

  • What Homeowners Must Know About Deficiency Judgment After Foreclosure
  • What Homeowners Must Know About Foreclosure
  • What Homeowners Should Know About the National Mortgage Settlement for Borrowers in Bankruptcy and Case Trustees
  • How Homeowners Can Find Who Owns Their Mortgage Loans
  • What Homeowners Must Know About Reinstating their Mortgage Loan

Categories

  • Affirmative Defenses
  • Appeal
  • Bankruptcy
  • Banks and Lenders
  • Case Laws
  • Case Study
  • Credit
  • Discovery Strategies
  • Fed
  • Federal Court
  • Foreclosure Crisis
  • Foreclosure Defense
  • Fraud
  • Judgment
  • Judicial States
  • Landlord and Tenant
  • Legal Research
  • Litigation Strategies
  • Loan Modification
  • MERS
  • Mortgage fraud
  • Mortgage Laws
  • Mortgage mediation
  • Mortgage Servicing
  • Non-Judicial States
  • Notary
  • Note – Deed of Trust – Mortgage
  • Pleadings
  • Pro Se Litigation
  • Real Estate Liens
  • RESPA
  • Restitution
  • Scam Artists
  • Securitization
  • State Court
  • Title Companies
  • Trial Strategies
  • Your Legal Rights

Archives

  • January 2019
  • September 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • September 2015
  • October 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
Advertisements

Recent Posts

  • What Homeowners Must Know About Deficiency Judgment After Foreclosure
  • What Homeowners Must Know About Foreclosure
  • What Homeowners Should Know About the National Mortgage Settlement for Borrowers in Bankruptcy and Case Trustees
  • How Homeowners Can Find Who Owns Their Mortgage Loans
  • What Homeowners Must Know About Reinstating their Mortgage Loan
Follow FightForeclosure.net on WordPress.com

RSS

  • RSS - Posts
  • RSS - Comments

Tags

5th circuit court 9th circuit 9th circuit court Adam Levitin Adjustable-rate mortgage adjustable rate mortgage loan administrative office of the courts adversary proceeding Affirmative defense after foreclosure Alabama Annual percentage rate Appeal Appeal-able Orders Appealable appealable orders Appealing Adverse Decisions Appellate court Appellate Issues appellate proceeding appellate record Appraiser Areas of Liability arguments for appeal Arizona Article 9 of the Japanese Constitution Asset Asset Rental Assignment (law) Attorney general August Aurora Loan Services of Nebraska automatic stay avoid foreclosure bad credit score bank bank forecloses Bank of America Bank of New York Bankrupcty Bankruptcy bankruptcy adversary proceeding bankruptcy appeal Bankruptcy Appeals bankruptcy code bankruptcy court bankruptcy on credit report Bankruptcy Trustee Banks Bank statement Barack Obama Berkshire Hathaway Bill Blank endorsement Borrower borrower loan borrowers Borrowers in Bankruptcy Boston Broward County Broward County Florida Builder Bailout Business Buy and Bail Buyer Buyers California California Court of Appeal California foreclosure California Residents Case in Review Case Trustees Center for Housing Policy CFPB’s Response chapter 7 chapter 7 bankruptcy chapter 11 chapter 11 bankruptcy chapter 13 chapter 13 bankruptcy Chinese style name Chunking circuit court Citi civil judgments Civil procedure Clerk (municipal official) Closed End Credit Closing/Settlement Agent closing argument collateral order doctrine collection Collier County Florida Colorado Complaint Computer program Consumer Actions Consumer Credit Protection Act Content Contractual Liability Conway Counsels Court Court clerk courts Courts of Nevada Courts of New York Credit credit bureaus credit dispute letter credit disputes Credit history Creditor credit repair credit repair company credit report credit reports Credit Score current balance Debt Debt-to-income ratio Deed in lieu of foreclosure Deed of Trust Deeds of Trust Default judgment Defendant Deficiency judgment deficiency judgments delinquency delinquency reports Deposition (law) Detroit Free Press Deutsche Bank Dingwall Directed Verdict Discovery dispute letter District Court district court judges Double Selling Due process Encumbered Equifax Equity Skimming Eric Schneiderman Escrow Evans Eviction Experian Expert witness Fair Credit Reporting Act (FCRA) Fake Down Payment Fannie Mae Fannie Mae/Freddie Mac Federal Bureau of Investigation Federal Court Federal government of the United States Federal Home Loan Bank Board Federal Housing Administration Federal Rules of Civil Procedure Federal tax FHA FICO Fictitious Loan Filing (legal) Finance Finance charge Financial institution Financial reports Financial Services Financial statement Florida Florida Homeowners Florida Supreme Court Fonts foreclose foreclosing on home Foreclosure Foreclosure Crisis foreclosure defense Foreclosure in California Foreclosure laws in California Foreclosure Pending Appeal Foreclosure Rescue Fraud foreclosures foreclosure suit Forms Fraud fraud prevention Fraudulent Appraisal Fraudulent Documentation Fraudulent Use of Shell Company Freddie Mac Glaski good credit good credit score Good faith estimate Governmental Liability HAMP HAP hardship home Home Affordable Modification Program Home insurance homeowner homeowners Homes Horace HSBC Bank USA Ibanez Ibanez Case Identify Theft injunction injunctive injunctive relief Internal Revenue Service Interrogatories Investing involuntary liens IOU items on credit report J.P. Morgan Chase Jack Conway Jack McConnell JPMorgan Chase JPMorgan Chase Bank Juarez Judgment Judgments after Foreclosure judicial foreclosures July Jury instructions Justice Department Kentucky Kristina Pickering Landlord Language Las Vegas late payment Late Payments Law Lawsuit lawsuits Lawyer Lawyers and Law Firms Lease Leasehold estate Legal Aid Legal Aid by State Legal Assistance Legal burden of proof Legal case Legal Help Legal Information lender lenders Lenders and Vendors lending and servicing liability Lien liens lifting automatic stay Linguistics Lis pendens List of Latin phrases litigator load modification Loan Loan Modification Loan Modification and Refinance Fraud loan modification specialists Loan origination Loan Servicer Loan servicing Los Angeles loses Making Home Affordable Massachusetts Massachusetts Supreme Judicial Court Mastropaolo MBA Letter MBIA McConnell Mediation mediation program Medical malpractice MER MERS Michigan Monetary Awards Monetary Restitution money Montana mortgage Mortgage-backed security Mortgage broker Mortgage Coupon Mortgage Electronic Registration System Mortgage fraud Mortgage law mortgage lender Mortgage loan mortgage loan modification mortgage loan modifications mortgage loans Mortgage mediation Mortgage modification Mortgage note mortgages Mortgage servicer Mortgage Servicing Fraud motion Motion (legal) Motion in Limine Motions National Center for State Courts National City Bank National Mortgage Settlement Natural Negotiable instrument Nelva Gonzales Ramos Nevada Nevada Bell Nevada Foreclosure Nevada mortgage loans Nevada Supreme Court New Jersey New Mexico New York New York Stock Exchange New York Times Ninth Circuit non-appealable non-appealable order non-judicial foreclosure non-judicial foreclosures Non-judicial Foreclosure States non-recourse North Carolina note Notice Notice of default Nueces County Nueces County Texas Objections Ohio Oral argument in the United States Orders Originator Owner-occupier Payment Percentage Perfected personal loans Phantom Sale Plaintiff Pleading post-judgment pre-trial Pro Bono Processor Process Service Produce the Note Promissory note pro per Property Property Flip Fraud Property Lien Disputes property liens pro se Pro se legal representation in the United States Pro Se Litigating Pro Se litigator Pro Se trial litigators Protecting Tenant at Foreclosure Act Protecting Tenants PSA PTFA public records Quiet title Real estate Real Estate Agent Real Estate Liens Real Estate Settlement Procedures Act Real property RealtyTrac Record on Appeal refinance a loan Refinance Fraud Refinancing Regulatory (CFPB) relief remittance reports remove bankruptcy remove bankruptcy on credit report Remove Late Payments Removing Liens Reno Reno Air Request for admissions Rescission Residential mortgage-backed security Residential Mortgage Lending Market RESPA Restitution Reverse Mortgage Fraud Rhode Island robert estes Robert Gaston Sacramento Scam Artists Scope Secondary Mortgage Market Securitization Security interest Se Legal Representation Self-Help Seller servicer servicer reports Services servicing audit Settlement (litigation) short sale Short Sale Fraud Social Sciences Social Security South Dakota Special agent standing state State Court State Courts state law Statute of Limitations stay Stay of Proceedings stay pending appeal Straw/Nominee Borrower Subpoena Duces Tecum Summary judgment Supreme Court of United States Tax lien Tenants After Foreclosure Tenants Without a Lease Tennessee Texas The Dodd Frank Act and CFPB The TRID Rule Thomas Glaski TILA Times New Roman Times Roman Timing Title 12 of the United States Code Title Agent Tolerance and Redisclosure Transferring Property TransUnion trial Trial court TRO true owners of the note Trust deed (real estate) Trustee Truth in Lending Act Tuesday Typeface Types of Real Estate Liens U.S. Bancorp U.S. Securities and Exchange Commission UCC Underwriter Uniform Commercial Code United States United States Attorney United States Code United States Congress United States Court of Appeals for the First Circuit United States Department of Housing and Urban Development United States Department of Justice United States district court United States District Court for the Eastern District of California United States federal courts United States federal judge Unperfected Liens US Bank US Securities and Exchange Commission valuation voluntary liens Wall Street Warehouse Lender Warehouseman Washington Washington Mutual Wells Fargo Wells Fargo Bank withdrawal of reference wrongful foreclosure wrongful foreclosure appeal Wrongful Mortgage Foreclosure Yield spread premium

Fight-Foreclosure.com

Fight-Foreclosure.com

Pages

  • About
  • Buy Bankruptcy Package
  • Buy Foreclosure Defense Package
  • Contact Us
  • Donation
  • FAQ
  • Services

Archives

  • January 2019
  • September 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2016
  • April 2016
  • March 2016
  • January 2016
  • December 2015
  • September 2015
  • October 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013

Powered by WordPress.com.

Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
%d bloggers like this: