Bankruptcy law requires that ALL debts be listed in your bankruptcy, so your attorney did nothing wrong by listing it. It would have been wrong if your attorney failed to list it. Most attorneys will not reaffirm a mortgage loan because it makes you liable for a debt you could otherwise discharge. If your payments are not being reported, you can still get a printout of your payments from the mortgage holder and show that to your proposed lender. If that does not satisfy the proposed lender, get another lender.

If you have been making your mortgage payments on time for the past 3 years and can prove this with 3 years of bank statements a good mortgage broker may be able to refinance your loan for you. Your income, equity in home and credit score would still need to meet the necessary underwriting conditions. I have had clients successfully refinance their homes in situations like yours with a mortgage broker skilled in obtaining loans for clients with past bad credit.

If your credit report is showing that your mortgage was "charged off," that is an incorrect description of what the true status of your mortgage. I would urge you to file a dispute with any credit bureau reporting this information and ask that it be removed. That won't result in the mortgage payments being reported, but there are plenty of other things you can do to improve your credit. Hope this perspective helps!

This is a quite common occurrence. First, as stated earlier, the mortgage HAD to be included in the bankruptcy. By law, all debts had to be listed. Second, what you're actually talking about is the fact that a "reaffirmation agreement" wasn't filed with the court for the mortgage. This agreement is one in which you agree to continue to pay the debt and not discharge it in exchange for keeping the house. Now, such an agreement is not a REQUIREMENT to keep the house - so long as you're current on the mortgage, there is no danger of foreclosure. And, I don't encourage these agreements because it makes you liable for any exposure you may have post-bankruptcy should you be unable to afford the debts against the property. But, many banks are being punitive in their dealings with their borrowers by not reporting their positive payment histories to the reporting agencies. Technically, because the debt was discharged in the bankruptcy, they are reporting it as written off when it should be reported as discharged - a technicality. But, they have no legal obligation to report your positive payment history if they choose not to - IF they report, they're required to report accurate information. They're just not reporting it. I have yet to see a way to really address this - you can file objections with all the reporting agencies, but I don't know that it will make a lot of difference.

I wont duplicate what the other attorneys have already stated and incorporate those replies. Howeever, what you need to know is your attorney did NOT do anything wrong at all...EVERYONE WHO FILES ANY BANKRUPTCY MUST INCLUDE ALL DEBTS..ANY DEBT..IN ANY BANKRUPTCY!! THE LAW IS SIMPLE ON THAT. AND AS A RESULT, THE DEBT IS DISCHARGED (and that is why they wrote it off) If you ever walked away from the home the creditor cannot sue you because your debt is discharged as a matter of law! Many persons do that. So to "instruct" an attorney does not change the law: you still must list the debt and it is still discharged! That does not mean you lose your home..just keep making the payments and if found refinance with a lender who will..They are out there! Good luck..and the "loan" does exist..it is secured by the house!!

First, the bankruptcy court does not have the power to charge off a debt. Only the lender can do that. Second, complaint you may have about your attorney leaving something off the petition will fall on deaf ears. Why? Because you were required to sign the petition swearing that it was accurate. In addition, you went to the 341 hearing and told the Trustee that everything was correct on your petition (all of your debts and assets were listed for example). I suggest you look to see the exact date that the loan was charged off. If before the date of discharge, then you may have a beef with the lender. You need so speak with your Ch 7 attorney about this.

Correct, this happens ALL the time. Specifically write each credit reporting agency (Transunion, Experian, Equifax) a letter explaining that you are current. A copy of your most recent mortgage statement or annual statement showing you are current makes a great exhibit to your dispute letter, along with a copy of the credit report with the trade line for the mortgage highlighted.
Keep a copy of the letter, exhibits, and the green card showing they received the letter.
They have thirty (30) days to correct the mortgage trade line and mail you a corrected report.
If they fail to update after notice from you in writing, you have a decent lawsuit under the Fair Credit Reporting Act. But the majority of the time, they will correct, and then you are all set.

Your house is not in jeopardy so long as you pay the mortgage on it. If you are paying your mortgage, then you should dispute the lack of payment history on your credit report with the three credit reporting bureaus. If you are not making the mortgage payments, this will also impact your ability to refinance because refinancing usually requires good credit. It may help you to try another lender or spend more time working on rebuilding your credit.