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Who's right ? My Attorney or Bayview account manager

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    #16
    I say POUNCE because people like this "asset manager" will continue to do this until someone in authority, a Judge, tells them to stop and perhaps hits them with a sanctions alongside punitive/coercive damages.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #17
      Originally posted by LadyInTheRed View Post
      I was just looking back through your posts to see if you said it was an attorney and couldn't find it. Still, it is a violation and you have it in writing. As JB says, POUNCE!

      It will be my pleasure !

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        #18
        I am amazed at how quickly this post was replied to multiple times in 24 hours. I posted a similar question over a month ago, and it has gotten zero replies.

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          #19
          Originally posted by Broke2011 View Post
          I am amazed at how quickly this post was replied to multiple times in 24 hours. I posted a similar question over a month ago, and it has gotten zero replies.
          Somethings can be lost easily when there are multiple posts around the same time. The forum area in which you post is also a major factor. I have missed posts and can't explain the reasoning other than at busy times, the system logs me out and then I don't see it as a "new" post the next time I log in. So it can easily be lost unless it's a popular forum area.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #20
            Thanks.

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              #21
              Do not believe ANYTHING from any Bayview representative. We dealt with them when BOA sold our loan right before the FC on our rental property. They stopped the process (we wanted it to FC and get title out of our name) and made up all this stuff about how we applied for a modification with them and they were waiting for our final paperwork (not even close), talking to anyone there was an exercise in patience. NO ONE there knew anything about FC, bankruptcy rules/laws etc., they made things up with each call and depending on who was calling.

              We ended up getting our attorney involved who sent out several C&D letters regarding the mail they were bombarding us with and the continued phone calls. It worked and we finally made it to foreclosure. They are the worst to deal with, good luck!

              Comment


                #22
                Originally posted by Drazil65 View Post
                Do not believe ANYTHING from any Bayview representative. We dealt with them when BOA sold our loan right before the FC on our rental property. They stopped the process (we wanted it to FC and get title out of our name) and made up all this stuff about how we applied for a modification with them and they were waiting for our final paperwork (not even close), talking to anyone there was an exercise in patience. NO ONE there knew anything about FC, bankruptcy rules/laws etc., they made things up with each call and depending on who was calling.

                We ended up getting our attorney involved who sent out several C&D letters regarding the mail they were bombarding us with and the continued phone calls. It worked and we finally made it to foreclosure. They are the worst to deal with, good luck!
                Thanks, I'm calling my attorney in the morning and doing the same thing. I got a letter today by certified mail showing all the past due payments and extra charges they have added. I especially liked the part at the end where it says " Bayview Loan is a debt collector. This letter is an attempt to collect a debt. To the extent that your obligation has been discharged or is subject to an automatic stay of bankruptcy this notice is for compliance and informational purposes only and does not constitute a demand for payment or any such attempt to collect such obligation. Idiots !

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                  #23
                  They are idiots since a reasonable person can't even decipher what that paragraph means. Does it mean that some is discharged and some is not? If so, which part is not discharged? Which part do I owe? Or, do I not owe anything.

                  Too confusing!
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment


                    #24
                    Originally posted by justbroke View Post
                    They are idiots since a reasonable person can't even decipher what that paragraph means. Does it mean that some is discharged and some is not? If so, which part is not discharged? Which part do I owe? Or, do I not owe anything.

                    Too confusing!

                    Yea, in one breath they say they're trying to collect a debt they know they legally can't collect and the second part covers their butt by saying it's just information for me.

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