So confused! Financial experts/lawyers advice please....?

by **hjortur** » Wed Mar 28, 2012 8:16 am

Ok, this is going to be kind of long, and I don't want any smart remarks or know it alls to answer this for me....I need some real advice......

My husband and I just put in for a home loan. We found out that his equifax credit score is 422 which shocked us because we couldn't figure out why it was so low. We knew that our credit wasn't that great, but never knew it was that low! My husband checked his credit scores with experian and the other place a few weeks back and it said it was over 620.....Ok, my husband got intouch with equifax to find out what was going on and they told him that a chapter 13 had been filed on his credit and that he had let a house go back....The weird thing is that we have NEVER filed bankruptcy and we've never owned a house to be able to let it go back! So, we have an idea of what it could be.....My horrible mother in-law had a house that she let go back around the time that it's showing on his credit.....she had asked my husband for his social security number so she could add him to her insurance as a beneficiary.....I'm wondering if she didn't lie about that, and really got his ssn to sign her house over in his name.....Could this be possible with out him knowing it? She would have had to forge his signature and all right? What could we do about this if this is really what happened? I mean there is no other logical explanation....I know, my husband should have never gave out his ssn, but it's his mother for crying out loud! We never knew that she was going to flip out...and yea, she totally flipped out (lost her mind) no offense.....I'm confused and need some advice.....needless to say we were turned down for the home loan :(

Is it possible that the credit bureau made a mistake and confused my husband with some other guy with the same name?

by **abraham90** » Wed Mar 28, 2012 8:17 am

It is definitely a mistake and you should have the debt validated by the credit reporting agencies. They by law under the FCRA, have a 30 day time limit to validate this debt. If they can not obtain the legal proof that this bankruptcy filing is your husbands, then they will have to remove it from you credit report.

The chances of his mother using his SSN and transferring the house into his name would be very hard to do. Most property transfers require the signing of paperwork in person with a lawyer or at a title company and signatures must be notarized. This is where the CRA's would have to see copies of legal documentation of the transfer to validate this as his debt.

If she did manage to do so, then she would be facing criminal charges and you could also seek civil action in court. There would be no benefit to her to file bankruptcy under his name as it would not help her at all, it would only be a vindictive act.

Here is a link on information from the FTC on how to dispute with the CRA's. If you follow these guidelines you should have no problems
http://www.ftc.gov/bcp/menus/consumer/credit/reports.shtm
Download a pdf file regarding how to dispute with CRA's

Hope this answers your question

LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.

by **avikar76** » Wed Mar 28, 2012 8:24 am

If I were you, I'd see a lawyer ASAP

by **hampton83** » Wed Mar 28, 2012 8:29 am

Is your husband a JR. That could be it. My in laws credit was on my husband because they had the same name. But from experience equifax computs there scores different from the other 2 companies and is always lower. Ask anyone there score is always lower, I dont know why. But were I would start is the county courts because it is all public knowledge. Go there and put in your husbands name is should pull up all cases against him, if there ever was any. And it will show all real estate that he owns. If your In law did use his SS# he had to have been contacted somehow to go to court and to sign off on the bankruptcy. Most likely she didnt do this but if she did defiantely contact a lawyer. But I ahve been through bankruptcy and there are just to many steps to take to forge someones ss# and signature. But go to the court house and find out for sure.

Good Luck

by **gillivray5** » Wed Mar 28, 2012 8:35 am

It would have been EXTREMELY difficult to forge his signiture and put a loan in his may because those signitures are notorized. It is more likely to be identity theft. Call the bureaus and find out what the address is of the foreclosure and anything else that is derogatory. If it looks like fraud, file a police report then dispute it with the bureaus.

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