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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 16154
Experience:  Licensed General Practice Attorney, Texas
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I have a mortgage foreclosure on my credit. "Final and

Customer Question

I have a mortgage foreclosure on my credit. "Final and Appealable, Consent Entry and IN REM DECREE in foreclosure of Defendant, (Bank Name). I am trying to have this removed from my credit, since the in rem decree was against the property and not personam. I disputed this item with the credit bureau, stating that I am nolonger responsible for this account. The response was that it was validated that this was my account (therefore I am responsible). Can I have this removed from my credit?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. No, this would not be something that you can have forced off your credit. You see, the credit report shows your accounts that you had opened and the history on those accounts. Even if the decree showed that you were not personally responsible for the deficiency or other expenses related to the foreclosure (by virtue of being "in rem") that doesn't impact the disposition of the account. Now if it showed a judgment against you for a balance remaining after the foreclosure, you could contest that due to the in rem matter, as you would not have had any legal liability on that from the beginning (because they couldn't get a judgment against you in an in rem legal matter). But as you did have personal responsibility on the mortgage prior to the foreclosure, it would be accurate to say that this account ended in foreclosure, so there's really nothing illegal or incorrect on this credit report.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacESQ replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacESQ replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacESQ replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacESQ replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacESQ replied 1 year ago.

Did you have any other questions before you rate this answer?

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