Legal Question in Bankruptcy in California

False reporting by a mortgage company...

I filed for BK CH 7 4-05 and was discharged 7-05. My mortgage co. was notified but we still pay on time and have never been late. My mortgage co. sold my loan as of 6-05 to new lender. New lender was not named in BK because they newly acquired the loan. Now they are reporting to all 3 agencies that THEY were also included in bankruptcy and charged off. How do I try and correct this mess. I reported to all 3 CRA's this false information. I even called the mortgage co. and they have no record of reporting this info. Is there a law or code that I may be able to quote to move things along?


Asked on 10/14/05, 1:31 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: False reporting by a mortgage company...

The new company stands in the shoes of the old. If you didn't owe them anything, it shouldn't be reported as delinquent. That's called defamation if it causes you financial damage or disrepute among your friends or others.

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Answered on 10/14/05, 1:51 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: False reporting by a mortgage company...

we are not familiar with any "particular" codes that addresses your complaint here. however, if your loan was assigned or sold from the 1st company to the 2nd, the 2nd company does not have any powers beyond what the 1st company had period. further, a chargeback is debt related, so you may want to mail the 2nd company a validation of debt letter in which they are required by law to show proof of this debt/chargeback. place the burden on them instead, and if they do not comply, they are subject to lawsuit for various actions if you are "defamed" and caused damages due to their false reports. if you would like help here, contact us today.

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Answered on 10/14/05, 3:19 am


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