Collecting Crammed Down Mortgage
Hi Everyone,
I've been reading the forums for a while now and gaining valuable advice from it (thank you all!), but I have a situation that finally compels me to post, so hopefully someone can help me out with this.
I filed Chapter 13 in 2003 under the old laws, and during that case my lawyer was able to have my second mortgage with Homecomings Financial crammed down by court order (valued at zero dollars and rendered an unsecured debt).
In addition, part of the stipulations of the order was that upon completion of my bankruptcy, Homecomings was to send me a Satisfaction of Mortgage and consider the debt paid. The order was signed by the judge in October of '03 and recorded at the court house by February '04.
I completed my bankruptcy payment plan in February '06
and was discharged in March (still awaiting the case to officially close, but the Trustee filed the final audit, so it should be soon).
Starting this month, Homecomings began to call me asking me how I am going to pay the mortgage! I told them I did not owe the debt and I faxed them a copy of the court order along with a letter telling them to cease and desist collection attempts per FCRA. I also sent them via Express Mail, which was received and signed for.
What I would like to know is can they keep harassing me for this money? I know under normal circumstances mortgages survive a bankruptcy, but according to my lawyer, not when they (a) did not cover any real equity in the home at the time of the bankruptcy filing (this was just before home values skyrocketed in Miami and this was originally a 125% L-to-V mortgage) and (b) when the mortgage was rendered null and void by court order, as this one was.
The only reason I am slightly worried is that they threatened to attempt foreclosure on my house, and it is worth considerably more now than it was when I filed. My gut instinct is to just ignore them since I have sent them the information they need to leave me alone, and just start recording each instance they violate FCRA.
Am I on the right track here, or should I contact my attorney just in case? Also, would it antagonize them into actually filing a court action if I requested the Satisfaction of Mortgage letter per the order? I wasn't going to pursue it originally (I can fix my credit file I believe with just the court order I have), but they made it easy for me to do so by providing the address and phone number where I can ask for it, and I many need it if I plan to sell my house in the future.
Any help in this would be greatly appreciated, and thanks in advance!
I've been reading the forums for a while now and gaining valuable advice from it (thank you all!), but I have a situation that finally compels me to post, so hopefully someone can help me out with this.
I filed Chapter 13 in 2003 under the old laws, and during that case my lawyer was able to have my second mortgage with Homecomings Financial crammed down by court order (valued at zero dollars and rendered an unsecured debt).
In addition, part of the stipulations of the order was that upon completion of my bankruptcy, Homecomings was to send me a Satisfaction of Mortgage and consider the debt paid. The order was signed by the judge in October of '03 and recorded at the court house by February '04.
I completed my bankruptcy payment plan in February '06
and was discharged in March (still awaiting the case to officially close, but the Trustee filed the final audit, so it should be soon). Starting this month, Homecomings began to call me asking me how I am going to pay the mortgage! I told them I did not owe the debt and I faxed them a copy of the court order along with a letter telling them to cease and desist collection attempts per FCRA. I also sent them via Express Mail, which was received and signed for.
What I would like to know is can they keep harassing me for this money? I know under normal circumstances mortgages survive a bankruptcy, but according to my lawyer, not when they (a) did not cover any real equity in the home at the time of the bankruptcy filing (this was just before home values skyrocketed in Miami and this was originally a 125% L-to-V mortgage) and (b) when the mortgage was rendered null and void by court order, as this one was.
The only reason I am slightly worried is that they threatened to attempt foreclosure on my house, and it is worth considerably more now than it was when I filed. My gut instinct is to just ignore them since I have sent them the information they need to leave me alone, and just start recording each instance they violate FCRA.
Am I on the right track here, or should I contact my attorney just in case? Also, would it antagonize them into actually filing a court action if I requested the Satisfaction of Mortgage letter per the order? I wasn't going to pursue it originally (I can fix my credit file I believe with just the court order I have), but they made it easy for me to do so by providing the address and phone number where I can ask for it, and I many need it if I plan to sell my house in the future.
Any help in this would be greatly appreciated, and thanks in advance!
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