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Account sold after bankruptcy

Ottawa, KS |

I filed bankruptcy in 2008. My home was included in the discharge. Then, the mortgage company sold my loan to another company. The new company reported me as delinquent, then sold it to a third company. The third company is now reporting me as delinquent as well. I don't think this is allowed. If I am right how do I get the 2nd, 3rd and any subsequent lenders loans off my credit?

Attorney Answers 3

Posted

Go to www.naca.net to find a Kansas attorney who handles FCRA furnisher cases. There is a specific procedure that you have to follow in order to preserve your rights. I could tell you what I tell my clients, but the lawyer you see would not appreciate my giving you potentially bad advice.

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Posted

I think you have a number of claims against the third company, if not the original mortgage company who sold your loan for a discharge injunction violation, if sold after the discharge was granted. Rachel Foley is an attorney in KC, MO who is a member of NACA as am I. She is a great attorney who can advise you on what you should be doing. 816-472-3257

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Posted

When you get a copy of your credit report, it gives you instruction on disputing information in the report. Follow those. Essentially, you tell the reporting agency the debt was discharged in bankruptcy and it has to tell the creditor, who has to show that it was not discharged. If that does not work, then attorney assistance may be necessary. Attorneys do specialize in this area because many lenders break the rules, and the law allows for the recovery of their fees if you need to sue to enforce your rights.

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Walter C Oney Jr

Walter C Oney Jr

Posted

If I'm the attorney to whom the OP turns after incorrectly disputing the tradeline, I'm going to be upset. I spent several days in New Orleans a few years ago learning how to do furnisher cases under the FCRA. If the consumer doesn't do exactly the right thing (and that can be as subtle as how he obtains the credit report on which he bases the dispute), he may have no cause of action at all. In a case like this, self help can be worse than no help.

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