Second mortgage, Citfinancial to Omni

[dolphindan1]

Ok I filed Chapter 13 back in July...My second Mortgage with Citifinancial was to be stripped...well it looks like they have sold it to Omni Credit Services...Omni calls me every day even after I have told them about my Bankruptcy...They are very rude and say they cant do anything without my SS# which i refuse to give them and they just say OK we cant help you...

My question...can Citifinancial sell the debt if it was in Bankruptcy? and still collect on it....I just started getting calls from Omni like 2 weeks ago and got first letter today...what is my play here?

[LadyInTheRed]

Citifinancial can sell the debt. Omni steps into their shoes and has to comply with the automatic stay. Send them a copy of your bankruptcy notice and order valuing lien (if you have one yet) along with a letter demanding they stop contacting you and contact your attorney instead. Better yet, let your attorney take care of it.

Make sure your attorney knows the debt was sold. If the petition to value the lien has not yet been filed, Omni should probably get notice of the petition.

I love how these people expect you to give them your SSN just because they call and say they bought your mortgage. How are you supposed to know they are who they say they are? I won't even give somebody the last 4 digits unless I was the one who initiated the call. Have you received anything in writing informing you the debt was sold? Has Omni filed a claim in your BK? Maybe the whole thing is a scam. Remember that anyone can access real estate records and see you have a loan from Citfinancial.

[dolphindan1]

So how can they do that after I file...doesnt when I file freeze everything and if the Lien is stripped it should be gone....Am I wrong on that?....The attorney did order a value lien to Citifinancial...I am just confused if this can happen whats the point of the Bankruptcy???

[murph996]

It doesn't matter who buys and sells your debt, or when they do so. Your rights don't change. If you are under water on your first, you can still lien strip. It doesnt matter if it gets bought and sold. Citifinancial probably figured they'd sell it and get something out of it. Make sure Omni gets notice, if they continue contacting you, they are violating the stay and you can take legal action against them.