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  1. #1
    Senior Member Coloradofury's Avatar
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    Can AHMSI report a Missed Payment on Credit Report if Loan being paid on was DISCHARGED?

    I was following a post (copied at bottom) hoping for answers as to how my credit report can reflect missed payments on a mortgage loan that also reflects as discharged? Ch7 Discharge took place in 2009. We continued to pay on Mtg and then were late in 2010. The interesting and sleazey piece of this puzzle - is this prior dispute with the credit agency: In mid 2010 we checked our credit reports and learned that only one of our credit reports was reflecting updated mortgage payments made following the BK. We inquired with Equifax and AHMSI - and since we had not re-affirmed, they in turn removed all the updated payments which of course lowered our score yet further. They advised since our loan was discharged in bankruptcy it could not be considered on our report. Of course we were hoping to get the positive info reflected on all 3 credit reports, not have it removed. YET.... When we missed a payment in 2011 - the credit bureaus DID IN FACT REFLECT THE NEGATIVE INFO, lowering our scores even further! We disputed with Equifax and resolution came back to me today advising that the the "first missed payment would in fact remain on the reports, as "It is correct according to the Creditor". Is this accurate? HOW THE HECK CAN THEY REPORT A LATE/MISSED PAYMENT YET REFUSE TO POST POSTIVE PAYMENTS? IS THIS A VIOLATION? According to the following thread, it appears I should fight this. Is it a matter of petitioning with flipping AHMSI (HA as if they will efficiently do anything for a customer!)?Chapter 7 Discharge, lender didn't reaffirm -- now unsecured loan "In addition, any attempt to assert personal liability over the debtor without a proper reaffirmation agreement is considered a flagrant violation of the injunction contained in the discharge order resulting in severe damages. Source ~ Servicing the Chapter 7 Loan- A Minefield If your 1st and 2nd were discharged in the Chapter 7 then they absolutely can not come after you. That is the WHOLE purpose of filing Bankruptcy. For the protection it affords YOU !! Now, if you continue to pay, the bank will accept the payment, based on the original loan terms. this is called a "ride through" . However, you will not see it reflected on your credit report, since your personal liability to repay the loan has been "discharged". "Thanks so much for the always excellent feedback! Colorado Fury
    Last edited by Coloradofury; 04-17-2012 at 09:09 AM.

  2. #2
    Mortgage Wars Cat Damiano's Avatar
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    Were you able to ask your bk attorney this question, I would be curious to know as my thoughts are that they wouldn't be able to report either positive or negative after a bk discharge.
    Best Regards,

    Cat Damiano
    LoanSafe.org Moderator

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  3. #3
    Senior Member RyanJP's Avatar
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    Quote Originally Posted by Cat Damiano View Post
    Were you able to ask your bk attorney this question, I would be curious to know as my thoughts are that they wouldn't be able to report either positive or negative after a bk discharge.
    Exactly. My feeling is that if they are reporting a negative on your credit report *after* the date of discharge, you have the right to reopen your bankruptcy case and file a motion of contempt against the creditor if hey refuse to stop reporting you as late.

  4. #4
    Senior Member Coloradofury's Avatar
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    Waiting Call from Attny

    Appreciate the responses.

    I am waiting a call back from my attorney. It's been a couple years so hoping he's still committed to resolving such issues.

    I was shocked that that Equifax simply responded with the statement that the creditor said it was accurate so therefore it is!!!!! Do they know NOTHING of AHMSI?

    I'll follow up with the thread when I hear something. However if anyone knows for certain - PLEASE ADVISE!!

    Thanks.

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