Ask The Get Out of Debt Experts Credit Report / Credit Score

My Reaffirmed Mortgage Shows on My Credit Report as in Bankruptcy

Written by Steve Rhode

“Dear Steve,

My house was not included in my bankruptcy, but my mortgage lender is reporting it as “included in bankruptcy”.

I filed bankruptcy (ch 7) in 2008. I signed a reaffirmation with my mortgage lender, but my credit reports remain messed up. 1 agency has no info of a mortgage, 1 shows my balance reducing monthly, but carries it as “included in bankruptcy, and 1 has it “included in bankruptcy” with no reported activity for the last 6 years. I disputed it with all 3, but was told that it’s being reported accurately according to the FCRA.

Chris”

Dear Chris,

When you filed bankruptcy, your mortgage was included in the bankruptcy but you elected to reaffirm it and continue to pay it. Reaffirming, or agreeing to keep paying it outside of bankruptcy, does not negate the fact all debts must be included in a personal bankruptcy. You don’t get to pick and choose.

Credit reports are not required to list any debt. The only reason a debt appears is because that creditor fed that account information to the credit bureau. They don’t provide it to all bureaus so it is not uncommon for it to be reported to only one or two. Typically the creditor reports to the credit bureaus they pull credit reports from. The reporting of information gets them a discount when they pull a credit report.

It sounds as if the issue is the mortgage is being reported as included in bankruptcy is an accurate statement.

The notation should fall off your credit report around the anniversary of your filing in 2015. Be sure to check your credit reports after that date and if it still appears, dispute it then.

Please post your responses and follow-up messages to me on this in the comments section below.

morehelp1 Choice1 Choice2 Choice3 Big Hug!
Get Out of Debt Guy - Twitter , G+ , Facebook
If you have a credit or debt question you'd like to ask
READ  I Just Filed Bankruptcy But Want to Keep My Car With Toyota Financial. - Nancy
just use the online form .

About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

3 Comments

  • Hello,
    Chapter 7 from 2006 came off my credit reports in 2016. However, my mortgage, suddenly appeared on credit reports in 2018 with the comment “included in bankruptcy”.
    -First, I didn’t stop making my monthly mortgage payments. I didn’t include mortgage in BK. I wanted to stay in home and kept making monthly payments. These payments are not reported on credit reports.
    -Second, I waited 10 long years for “bankruptcy” to come off my credit reports, but it is now back via this comment from mortgage company. So upset. Are they allowed to do this?

    Any advice would be greatly appreciated!

    • I don’t think it as big an issue as you may be afraid it is. The bankruptcy should be off your credit report now. But if it is the same mortgage you carried through bankruptcy the notation itself doesn’t carry much weight. If it is the same mortgage the notation is both accurate and annoying. That account was previously included in bankruptcy so it is a factual statement.

      All of that being said, these days credit is getting easier to obtain and I’ve seen plenty of people who are getting mortgages a couple of years after bankruptcy.

      If it is upsetting you then you can always dispute the comment with the credit bureaus but you can also contact your mortgage company and try to get them to stop reporting it. That’s where the data comes from.

Share a Comment / Leave a Reply

%d bloggers like this: