Will foreclosure appear on my credit report after chapter 7 discharge?

Bankruptcy and Debt 2 views 2 answers
My chapter 7 bankruptcy was discharged three years ago. About one year ago, we decided to walk away from our home. The mortgage was not reaffirmed in the bankruptcy. I have been told by my lawyer that they cannot hit my credit report any further by placing a foreclosure notation on it. Since I received that information, a few other professionals seem to have differing opinions. I am currently renting a new house that I plan to buy in 2 1/2 years and I'm concerned about the possible foreclosure on my credit report. Will a new notation show up?

Attorney Answers

2
John Burt ·
Since you did not walk away from your home at the time of bankruptcy, a foreclosure might be considered a different event and may be reported, though not necessarily. If it is reported however, FHA lending guidelines only require 3 -Years from the foreclosure in order to give you a new mortgage. You may want to have an attorney negotiate with your lender if they do report the foreclosure and it does for whatever reason impede your ability to get a new loan.
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Dorothy Bunce ·
Depends on how the foreclosure is handled in your state. Credit reports would pick up a judicial foreclosure as a public record if the foreclosure proceeds by that method in your community. Because of the bankruptcy injunction against making efforts to collect, unlikely that a nonjudicial or notice foreclosure will appear on your credit score. However, you should be aware that if your mortgage is guaranteed with FHA or VA that there is a foreclosure "blacklist" called CAIVRS which may prevent you from being able to obtain a new mortgage. Many people who shouldn't be on this list (because they filed for bankruptcy) are finding that after a foreclosure that they are blacklisted & need help to be removed from this list. I am posting a link to the site that has more information on this important topic. Hope this perspective helps!
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