Full question:
My husband's credit has been destroyed by his ex-wife. In their divorce papers, their home was awarded to HER, however, she has never removed his name from the mortgage. Since the divorce, she has defaulted on the mortgage, and this has adversely effected my husband's credit. My husband and I filed together for Chapter 13 bankruptcy, mentioning this mortgage company and real property in the case, but this home (and default status) still appears on his credit reports. We are unable to purchase a home of our own, or even get loans of any kind due to this issue. Could you offer any advice on this?
- Category: Real Property
- Subcategory: Foreclosure
- Date:
- State: North Carolina
Answer:
After ten years, a bankruptcy must be removed from your credit report. The Associated Credit Bureaus typically remove Chapter 11 and Chapter 13 cases after seven years to encourage debtors to file under these chapters. If the credit bureaus did not verify the information with the court in a timely manner, and you disputed the information as incorrect, the Fair Credit Reporting Act (FCRA) requires unverified information to be deleted. If you believe your public records were not verified by the court, ask the credit bureau for an explanation of their verification process. If your records are not automatically removed by the credit reporting agencies, you can send a dispute letter to request the removal of these records from your report.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.