What to do if my credit report shows bankruptcy even though I did not file?

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What to do if my credit report shows bankruptcy even though I did not file?

My daughter filed for Chapter 13 bankruptcy and used my address for mailing purposes only. She was in the process of moving and did not want to lose any important information. Since that time my mortgage company has informed me that my home has been flagged for bankruptcy. My daughter does not live there nor was or is she on any note, mortgage or deed. Is this legal? It already has shown up on my credit report and will not be removed until 2017. I called the mortgage company and ask them how this was possible and they said that it was their policy and procedure and they would not take it off.

Asked on January 4, 2011 under General Practice, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Let me get this straight: it appears under YOUR name as a bankruptcy filing and YOUR social security number?  I can not possibly understand how that could be.  If your daughter had a judgement against her in her name but lived at your address it could not show up on YOUR credit report.  So here is what you need to do.  Call the mortgage company and ask for the highest level of supervisor that you can get a name for.  Then write a letter by certified mail and copy the home office (if you can find the name of the President do so).  Let them know in no uncertain terms that they have incorrectly reported information on YOUR credit report under YOUR name and should they fail to remove it immediately you will seek legal help in doing so and sue them for costs and fees associated therewith.  Then at the same time send a letter to all the credit reporting agencies disputing the entry.  By law they have to contact the mortgage company for their side of the story.  The mortgage company has 30 days to respond.  If they do not then the credit reporting agency has to remove the entry.  Good luck.


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