How to remove a bankruptcy off of public record also credit report?
6 attorney answers
I am sorry you experienced this. There is a reason, though, why licensed real estate brokers are licensed to sell real estate -- not to give legal advice nor to approve mortgage loans. There is also a reason why attorneys ARE licensed to provide legal advice.
I believe your best bet at this point is to try to find a way to bring the current loan current to avoid foreclosure or, to speak with a mortgage broker who is experienced with and knowledgeable about lending issues related to bankruptcy filings. They may have suggestions or be able to assist you in finding a lender under the circumstance, or at least they may be able to offer advice as to how to positions yourself to qualify for a new loan as quickly as possible.
Unfortunately, it sounds like you got advice from someone who does not understand bankruptcy. To file a "fake" bankruptcy as a "scare tactic" or to simply interfere with a creditor's rights is an abuse of the bankruptcy system, and a violation of federal law. Anyone who deals with mortgage lending should understand at least that much about bankruptcy. Not to mention the fact that now the filing is limiting your rights and options moving forward. You should pursue all avenues to get compensation from whoever gave you this bad advice, and you should report them to your state's attorney general.
This answer is intended as a general discussion of legal issues and does not create an attorney-client relationship. You should discuss your issue with an attorney in your area to better understand your legal rights and options.
With a Bankruptcy SHOEHORN..of course I am kidding though. There is NO such thing as a fake bankruptcy. I can only guess you filed w/o an attorney. NEVER file any bankruptcy w/o one. It is my belief that the filing will stay on your record for 10 years. You should carefully discuss with an experienced mortgage lending officer on the types of loans available and which ones available after 2 years, which after 4 years, etc. And meanwhile you can GOOGLE how to increase your credit score and read for hours and follow that advice so when able to buy a house your interest rate can be as low as possible.
You might consider contacting a mortgage expert who understands bankruptcy whether there's any sort of exception to the waiting period after a bankruptcy that doesn't result in a discharge of debts. You might also consider pursuing the mortgage broker for the unauthorized practice of law and damages resulting from the same. https://www.coloradosupremecourt.com/Complaints/UPL.asp
Clark Dray is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Clark Dray or The Law Office of Clark Daniel Dray and any other person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
If you received this advice from a licensed real estate broker, then you should file a compliant against them with the Real Estate Commission and the county Board of Realtors. They should be sanctioned by the real estate commission and the Board of Realtors.
Licensed or not, you can also file a compliant with the Colorado Supreme Court Office of Attorney Regulation since they investigate the unauthorized practice of law. Your advisor committed the unauthorized practice of law and legal malpractice.
I'm afraid there isn't a lot else you can do. There is no such thing as a 'fake bankruptcy' that doesn't affect you. You went to a federal court and initiated a court action. That isn't gong to go away and will stay on your record. There is no way to remove it or prevent it from showing up on the "public records" portion of your credit report.
You might be able to file a lawsuit against your realtor. They have E&O insurance so it might be possible to recover something due to their lousy legal advice, although establishing what damages are related to the aborted bankruptcy filing and what are related to the pending foreclosure and other financial issues you are facing is likely to be difficult.
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I am sorry but the bankruptcy is a public record permanetly. As for the credit report, if this was Chapter 7, this will be on your credit reports for seven years.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.