Citi wrote my mother about our bankruptcy

[BigJohn]

My mother sent me a letter she received in the mail from Citi regarding my bankruptcy. My mother lives on te east coast, I live in Arizona, 2500 miles away. Citi acknowledged in the letter that I filed bankruptcy in early January 2009. Citi holds our second mortgage which we plan to lien strip.

Don't these characters have any brains?

[walkthaplank]

Has your attorney filed the Motion To Show Cause Why Sanctions Should Not Be Imposed yet? That is just beyond the pale

[justbroke]

Well, first, is your mother on the mortgage/note? If so, and you filed and she didn't... guess who gets to pay for it?

Or did they just randomly contact your mother who has absolutely nothing to do with either your first or second mortgage?

[BigJohn]

Mother is not on any loan. There was no reason to contact her.

What surprised me is they did the contact by mail and even stated that I filed bankruptcy back in January.

Hopefully, tomorrow I can drop the letter of to my lawyer.

[bksmith12345]

justbroke exactly how big of a no-no is this for Citi?

What can or will the court do?

[zeezee]

Wow...isn't that against some law!?

[justbroke]

justbroke exactly how big of a no-no is this for Citi?

Yes, this is very strange indeed! I think the only thing they may have violated is some FDCPA item on communicating with others about a particular debt.

Mother is not on any loan. There was no reason to contact her.

That's the only reason why I asked if she was on your first or any other debt secured by that residence. It just makes no sense at all to me why they'd do it.

If they were attempting to collect the debt by intimidating your mother... that sounds just wrong in so many different ways. Hopefully your lawyer sees this as more than just an unfortunate "mistake".

The key for your attorney first is... was this an actual violation. Then, going for a motion to show cause. This one is just too odd to be ignored.

I'm sure you're going to keep us updated!

[BigJohn]

These were the same morons that called the police to 'check on me' and 3 patrol cars showed up.

[walkthaplank]

To a reasonable person they are showing a pattern of harrassment and intimidation. They need to not only be slapped, but made an example of. You filed for protection under the bankruptcy laws, it is out of their hands. They need to get over it, if they can't the BK judge needs to make them see the error of their ways.

[optimistic1]

Another miserable attempt by a creditor to shame people into having their family help them pay debts.

[justbroke]

These were the same morons that called the police to 'check on me' and 3 patrol cars showed up.

Oh... THOSE guys! I dn't know if you talked to your lawyer yet, but this seems like harassment. To test the waters, your lawyer might get a TRO (temporary restraining order) against them, and then seek to then go to the U.S. Bankruptcy Court and file a AP against them. (Hopefully, he'll do this on principal, but maybe he can earn some fees at least. )

This is bad.

This is one of those cases where a Judge coudl actually award serious punitive damages including your actual damages (lawyer fees)

Okay, this is outrageous and now I'm mad... for you.