After Bankruptcy Mortgage Lenders

Courtney Said:

Foreclosure on credit report after bankruptcy?

We Answered:

Perhaps your attorney misled you.

Although a borrower previously surrendered property during a bankruptcy case, a mortgage lender’s reporting of a foreclosure to a credit reporting agency is not a report of inaccurate information in violation of the Fair Credit Reporting Act (FCRA).

The lender’s argument was that it did not report any inaccurate information. The surrender of the property in bankruptcy did not transfer title to the property. The borrower argued that the reporting was inaccurate because the credit report affected him personally, even though the foreclosure only affected the property. In this case, the court sided with the lender.

You might want to check FCRA rules more closely before you complain further.

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