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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2527
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I was a co borrower on a home which I filed bankruptcy on.

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I was a co borrower on a home which I filed bankruptcy on. The lendor is refusing to remove my name from the account. They advised the only way my name will be removed is if the co borrower refinances it into his own name. Can this be true if I was granted a bankruptcy and surrendered the property?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.
If you did not reaffirm the debt, then the debt is discharged for you, the lender cannot collect from you . You will still be on the deed, as only a sale, transfer or foreclosure will transfer title. You may still get the notice of any foreclosure action, since you are still an owner, but they cannot collect on the debt.
Customer: replied 4 years ago.

I did not reaffirm the debt. I surrendered the property and the co borrower is still living in the house now. They are still reporting to the credit agencies that I am paying as agreed, even though it was in included in the bankruptcy. I disputed this and it was removed from 2 of the 3 bureaus, however I can not get it removed from one. This is preventing me from getting a pre approval on a home of my own now because they are saying I already have a mortgage, which I dont. How would I go about getting a transfer?

Expert:  Terry L. replied 4 years ago.
If the credit bureau is wrong, you need to notify them of the error. They will get with the bank, and fix your credit report in about 30 days then give you a clean report.
Customer: replied 4 years ago.

I have disputed the information several times. I was removed from 2 of the 3 agencies. When they mail back the findings of my dispute, all it says it that the lender disagrees. I called the lender and they advised even though I filed chapter 7, and I did not re affirm, they said I am still on the loan and it will still report. Is this something I should be hiring an attorney for so they can deal with the lender? I have faxed the credit agency and the lender a copy of the discharge papers, showing where I surrendered the property but its like I am talking to a brick wall.

Expert:  Terry L. replied 4 years ago.
Try to get the title company the copy of the bankruptcy discharge and hopefully they can resolve the matter, your real estate attorney should be able to assist you. Worst case, you can file a suit, but the cost is probably prohibitive, but you could request punitive if the court determines the way it is reported is a form of collection. Good luck.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2527
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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