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JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience:  Represented creditors and individuals in bankruptcy and consumer matters.
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My wife filed bankruptcy only,but our mortgage company put

Customer Question

My wife filed bankruptcy only,but our mortgage company put it on my credit report. What can I do
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JP replied 8 years ago.

If your name is XXXXX XXXXX Note for the mortgage loan, then the mortgage company is correct in listing the debt as being in a bankruptcy on your credit. This should have been explained to your wife by her bankruptcy attorney. Any debt that has both your names on it, will run the risk of having bankruptcy on the non-filing spouses credit for that particular debt. This is true even if you are only an authorized user on certain accounts included in her bankruptcy


The credit bureau's are most likely not going to remove the bankruptcy classification from that debt entry on your credit report for the mortgage, if indeed you are listed on the Note.


If you are not on the Note for the mortgage, then you should continue to pursue removal of the bankruptcy classifaction on your credit report. You should send a copy of the Note (showing that you did not sign it), a copy of the bankruptcy petition (to show that you did not file bankruptcy jointly with your wife), and have your wife's bankruptcy attorney print out a query from the PACER bankruptcy system that would show that you have not filed a bankruptcy personally.



But again, if your name is XXXXX XXXXX Note, then the bankruptcy classification for the mortgage debt on your credit report is accurate and the credit bureau is not obligated to remove accurate reporting information.


Best Regards.

JP and 5 other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
My wife did not sign the note. It is in my name only.Her credit was to bad for her to be on the note
Expert:  JP replied 8 years ago.

Thanks for the reply.


Unfortunately, the bankruptcy classification of the mortgage debt on your credit is accurate and the credit bureau will not likely remove it from your report because your name is XXXXX XXXXX Note of a loan that is involved in a bankruptcy case filing.


Best Regards.

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