Legal Question in Real Estate Law in Georgia

After a bankruptcy, my mortgage holder refuses to update my credit report even though my house was not included in the bankruptcy process. I am still making monthly payments (on time) and when I questioned the bank about not reporting it to the credit agencies they respond that it was included in the bankruptcy.

Asked on 10/19/13, 6:54 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office

Your post idicates a lack of understanding by you of bankruptcy.

If you failed to include your home in a bnankruptcy you committed bankruptcy fraud, and can have your discharge revoked and you could spend five years in prison.

Hopefully you did list it, and if you did, unless you made the foolish error of reaffirmation, the house debt was discharged in your case. That gave you a great benefit, the right to retain and pay (to keep the house) and the right to change your mind and walk without penalty at any time. Stop asking the bank to report your payments. That would be illegal. Your payments now are voluntary and cannot be reported.

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Answered on 10/19/13, 7:22 pm

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