Foreclosure in 94582>Question Details

Jness, Home Buyer in 94582

1.) How can WAMU charge off mortage that was included in bankrupcy? 2.) How do I get the tilte out of my name now that the bankrupcy is discharged?

Asked by Jness, 94582 Wed Mar 17, 2010

WAMU began foreclosure on rental property 8/2007.
WAMU stopped sherrif sale 2/2008.
I filed Chapter 7 in 4/2008. Property included.
The house is still in my name although the bankrupcy was discharged 7/2008.
WAMU charged off the debt 9/2008.
1.) How can WAMU charge off a debt that was included in the bankrupcy?
2.) How do I get the house out of my name and the charge off removed from my credit report?
3.) CANNOT CANNOT CANNOT get anyone from WAMU to call me or my attorney back. Suggetstions???

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Answers

6
WAMU is incorrectly reporting this as a charge off - it should have been included in the bk. You need to fight this with WAMU/the credit bureaus. It is actually illegal for them to report this way after a BK - but they dont make it easy to fix. Your attorney should be able to handle this.

Far as title - it has to transfer or the house still belongs to you. You can wait for them to foreclose, or you could sell the house ( or short sell if that is the case)
Web Reference: http://www.homesbyminna.com
1 vote Thank Flag Link Tue Mar 23, 2010
Hi J,

I hope I am reading your question correctly. Perhaps WAMU charged off your mortgage because it was included in the BK. This would also be the reason that they cannot call you back. If a BK is coded, the lender certainly does not want to contact you by phone.
Why not pull your credit report and see how the mortgage is listed there. It should say, charge off included in the bk.
If the house is still in your name it might be because the lender has not foreclosed yet. Sometimes the lender takes over 1 year to foreclose and take back title.
I believe you have two questions. the bk is the first question. The second question is the title of the property.
You can pull your credit report here for free:

http://www.AnnualCreditReport.com

If you need help reading your credit report, I can assist you if you would like.


You can call a local Title Company to see who is on title for the property. Good luck!

Hannah Fliegel
The Credit Repair Expert
415-999-9348
0 votes Thank Flag Link Thu Mar 18, 2010
Jness,
You really should speak to a lawyer about this, as we are not able to answer this. If you need some names I would be happy to send you a couple.
Best,
Erica
Web Reference: http://www.jscarealty.com
0 votes Thank Flag Link Wed Mar 17, 2010
I am assuming that the mortgage is a first lien and not a second lien. If that is true, Wamu made a mistake by charging it off. I am sure because the loan was acquired by either Chase or Bank of America you got lost in the shuffle. What I would do is write a letter to who ever took over the loan. At the top of the letter indicate "Qualified Written Request" then out line your issues. The bank is required to respond to you under respa. The first response is to say we got your letter and we are researching it (this needs to be completed in 20 working days) . Then a second response is sent within 60 days, responding the issues you outlined and hopefully correcting the issues.


Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee

http://www.milwaukeebailout.com
0 votes Thank Flag Link Wed Mar 17, 2010
Real Estate professionals can't answer this because it's a legal issue. Please consult the lawyer that filed your BK in 2008.
0 votes Thank Flag Link Wed Mar 17, 2010
Your question needs to be discussed with a BK attorney. A similar situation was recently the subject of discussion with the local BK attorney I work with and he indicated that home owners must be very careful about the timing of their BK filing if their home is in foreclosure or short sale. Let me know if you want a second opinion, I can connect you with him if you think it might help.
0 votes Thank Flag Link Wed Mar 17, 2010
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