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 10 years, the bankruptcy must be dropped from your credit report. The policy of the Associated Credit Bureaus is to remove Chapter 11 and Chapter 13 cases from credit reports after 7 years to encourage debtors to file under these chapters. It is possible to have the information removed before the 10 years is up. If credit bureaus failed to timely verify the information with the court clerk, and you initially disputed the information as erroneous, under the Fair Credit Reporting Act (FCRA), unverified information must be deleted. If you suspect your public records have not been verified by the court, ask the credit bureau to provide you an explanation of how they verified. If your records are not removed by the credit reporting agencies automatically, you can send a letter of dispute to have the records taken off 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.
