What can I do ifmy mortgage company will not report to the credit bureaus?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do ifmy mortgage company will not report to the credit bureaus?

I filed Chapter 7 a year ago and in the process there was a relief of stay granted. I did a new modification of the loan. I have been paying 8 months. I was recently told that my payments are not being reported. I am current on payments. What should I do? My attorney will not return any of my calls and cancelled a scheduled appointment.

Asked on March 8, 2011 under Bankruptcy Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The one thing you need to know about a modification is that the underlying original mortgage agreement is still valid, you are simply modifying it and as long as you pay on time, the modification will remain. Since the underlying agreement is still valid, the payments you make are still considered deficient and the mortgage company can indeed report you late, so not reporting you may be a blessing in disguise. Before you move forward, contact your mortgage company and ask the general question is if modification payments are still considered late. If they are, how does the company report them on credit bureaus. Here, it appears you affirmed your contract by obtaining a modification post bankruptcy filing. If you wish, file a complaint with the agency who regulates your entity. Contact your state's banking department first. Also, you may wish to file a complaint with the state bar for your lawyer's ethical violations of not returning your calls and not effectively representing you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption