Countywide sold discharged loan now what?

[mntnmama]

We recieved a discharge in July 07 and our home was foreclosed upon in Dec 07 by the 1st lender, our small second was held by CountryWide and Ive been recieving billing notices since August. After many calls and letters I now recieve a notice they have sold it to United Mortgage & Loan. I called CW and was told that they can do what they want and the new company can legally collect on the debt because they didnt foreclose the 1st lender did. Now what do I do, we've been able to raise our scores to 680 and do not need a new negative on our credit when this company posts on our reports as a new bad debt. Any help would be appreciated.

[HHM]

Did you include countrywide as a creditor in your BK?

[mntnmama]

yes and it was discharged along with the 1st loan

[chpxiii]

Then the debt buyer is SOL. (And I don't mean "statute of limitations!" ) They may not have foreclosed, but if the debt was discharged with your bankruptcy, you no longer owe that debt. Any collection attempts of the discharged debt is a violation of the automatic stay of bankruptcy. You don't owe that money.

[mntnmama]

what about credit reporting on it that is a big concern

[chpxiii]

They cannot report on it either. It's their loss that they purchased the debt that they cannot collect on.

Reporting on a credit report is considered an act of collections on a debt and is, therefore, a violation of the automatic stay of bankruptcy. If it shows up on your credit report, they will need to remove it.

[EveryDayAdam]

if countrywide was listed on your BK and they were discharged, then they can not collect the debt. Any new buyers of your debt can not collect it either. If they send you any letters asking for money, call you asking for money, or list the debt on your credit report, then immediately call your attorney...he'll be more than happy to take them to court :-D