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Old 09-15-2005, 08:42 AM
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Join Date: Sep 2005
Posts: 1
Default My Attorney or My Mortgage company?

I filed Ch. 7 in May of 2001 and was discharged in Sep. 2001. I asked to reaffirm my mortgage with Fleet at that time, which was brought out by WAMU during my bankruptcy. I have made my payments on time and have recently found out that this was discharged through Bankruptcy and was never reaffirmed. The mortgage has been taken out of my CK account for 4 years. I've been told that my attorney should have given me the Reaffirmation papers to sign. The Mortgage co will not report to the Credit Bureaus that I do make these payments. My BK papers do show that I was to retain my property. What are my options? Can I sue my attorney for misrepresentation, (He actually failed to appear in court and some other attorney stepped up to help me and) Can I force the mortgage co to reimburse me monies they have taken over the past 4 years even though their records show it was discharged. I just want to protect my investment, but if it was discharged, then why does the mortgage co still take my money. And why didn't my attorney have the reaffirmation papers for me to sign?
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Old 11-12-2005, 07:13 AM
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Join Date: Sep 2005
Posts: 75
Unhappy My Attorney or My Mortgage company?

Have you gone back to your original atty about this?
What is his response?
You may also contact the bailiff of the BK court to help resolve this.
You may need to retain another atty to resolve this. Be prepared for it to take time though.
Just curious,Are you still residing in the house?
Ps. Banks don't like to give money back,especially on a mortgage.
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Old 11-13-2005, 08:14 AM
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Join Date: Sep 2005
Posts: 75
Thumbs up Credit Reporting

Financial institutions are not required to report to credit agencys. They will if they want to and when they want to.

I just paid off a car that I made payments on for 5 years with no mention of my payment history in my credit report. I wasn't aware they didn't report to any of the three credit agencys until I checked my report.

It doesn't make me happy but to insure I can use the payments as a credit reference I have all of the receipts for timely payments made to present to any credit manager to prove my credit worthiness if necessary.

Keep good records of all payments made and check your credit history at least once a year. You can get a free credit report from the three big ones for free once a year.
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