Attorney did not reaffirm my car or home loans

[plang56]

First, sorry this post is so long...really frustrated.

I filed for bankruptcy in 2005 and stressed to my highly recommended attorney that I wanted my mobile home mortgage and five-year-old car loan reaffirmed if possible. I was told that was absolutely no problem. Even at court I reminded him about it and he said not to worry, it's being taken care of. If I could not reaffirm, I would have been willing to continue the current 4-year struggle to somehow pay off my debts. (I had been laid off four times in as many years.)

After the discharge I got a call from the lender on my car. He wanted to know when I wanted my car picked up. I was shocked and called my attorney. Their office told me "not to worry about it" and that, in fact, my car and home had NOT been reaffirmed. Fast forward seven years later...I paid off the car on time and continue to pay on the house thinking all was okay.

What I didn't realize is that I'm receiving absolutely no credit history for all my house payments. I need to get a positive credit report from the lender on my house but they told me I have to go back to the attorney. All my calls to him are stopped cold by the receptionist and he will not return my calls.

I am furious with the attorney and would like to know if I have any recourse for his deceit?

I live in California...any help? Any answers may help another.

[Friend In Court]

Credit disputes can be resolved. The credit reporting agencies are bound to report correctly a consumer's past credit history.

The Fair Debt Reporting Credit Report provides you the protection you need to get your credit report history cleared up. You paid the obligations, paid them on time and therefore are entitled to have the record reflect that.

There are provisions in the act for monetary damages against a credit reporting agency who refuses to correct the record so I would look to the Act to clear it up, first. There are lawyers also who concentrate their practice taking on credit reporting agencies (who can be arrogant and non responsive at times to consumers).

So, document your dispute on these bills with all three credit reporting agencies, certified mail, and contact the two creditors that reported you erroneously. Slander of credit is actionable, too.

Your third avenue is against the lawyer who messed up. You may file a grievance against him with the California Bar (head office in L.A.) and their intervention and query may motivate him to take the steps he needs to in order to clear this up. His office staff may have been instructed to ignore your calls, but he cannot fail to respond to the Bar. His attitude towards helping clear up the mess he made may change overnight, miraculously!

[AFFA]

I wish to inform you that you may give a written notice to your attorney. If the attorney does not resolve the matter, you may file a complaint with the State Bar of California. You can contact them on telephone to discuss the Complaint filing process. Alternatively, you may fill up the Complaint Form online. The Office of the Chief Trial Counsel of the State Bar of California will handle the complaint. Any documentation in support of your viewpoint in the Complaint will help process the Complaint in a more efficient manner.

AFF

[Friend In Court]

Originally Posted by AFFA I wish to inform you that you may give a written notice to your attorney. If the attorney does not resolve the matter, you may file a complaint with the State Bar of California. You can contact them on telephone to discuss the Complaint filing process. Alternatively, you may fill up the Complaint Form online. The Office of the Chief Trial Counsel of the State Bar of California will handle the complaint. Any documentation in support of your viewpoint in the Complaint will help process the Complaint in a more efficient manner. AFF

Once a lawyer has quit returning phone calls, has instructed his staff not to accept his calls or messages, he has made repeated requests of the lawyer to remedy the situation. the advice of putting yet another request in writing is futile, a waste of time and energy.

A proper Bar complaint needs to be documented as well as a brief filed in court, together with the evidence attached. One cannot upload documents in the online complaint process.