Dear Attorney,

I filed bankruptcy and all my debts discharged.

I still can’t get a checking account because Chex Systems is reporting that I bounced checks and still owe them money.

Is there anything I can do?

Jill, Temecula

Dear Jill,

Yes, there is!

Even though Chex Systems has the right to report your bounced checks, they are obligated to update that report for the five years it stays on your record.

That means that when your bankruptcy discharged, they should have updated their report on you to note that you do not owe the bank any money, as the debt was discharged in bankruptcy.

You are entitled to a free copy of your Chex Systems report under the Fair Credit Reporting Act (FCRA) and the Fair and Accurate Credit Transaction Act (FACTA).

You can get a copy of your report at www.consumerdebit.com/

consumerinfo/us/en/chexsystems/report/index.htm.

If you find out your bank is reporting that you still owe a balance, you should dispute it by sending a letter to Chex Systems Inc., 7805 Hudson Road, Ste. 100, Woodbury, MN 55125.

Be sure to provide your complete identification, including your Social Security and driver’s license numbers, in your correspondence.

Send a copy to the bank as well.

The bank has 30 days to investigate your claim and correct your report.

Banks and Chex Systems usually comply with the law. If they don’t, call your attorney.

Dear Advertisement

[ Berry-Bell and Hall Mortuary ] Attorney,

What’s a forensic loan audit?

My attorney thinks I should get one before I try to modify the loan on my house.

Bill, Murrieta

Dear Bill,

A forensic loan audit is an examination of your loan documents.

The audit has become an increasingly handy tool to deal with "toxic" loans that were funded in recent years. We do them all the time.

We are looking for possible excessive fees and charges by the lender, deceptive predatory lending practices and/or other fraudulent abusive mortgage-related issues.

Although there are no guarantees as to the findings of your audit, the report will give you (or your attorney) the tools to approach your lender for a potential change in terms.

When your Forensic Loan Audit Report is completed and combined with a "Qualified Written Request" your results may reveal violations that help leverage the following:

• Loan Modification (Reduction of Terms)

• Reduction of Principal

• Ref und of Overpaid Fees

• Lender Settlement

If you don’t have all the documents required for a complete review, the Real Estate Settlement Procedures Act (RESPA) requires the lender to provide them upon your written request.

The process is regulated so make sure your request follows procedure.

The law requires a lender to acknowledge receipt of your request within 20 business days and the lender must try to resolve the issue within 60 days of receipt of the request.