I was recently discharged from my Chapter 13 in May 2013. There is one secured debt which is outstanding attached to a motorhome, with approximately 23000.00 left on the note. This debt has been sold many times over and now sits at a collection agency, which clearly has no idea what they are dealing with. Now I know that this is considered a discharged debt and I can turn over the motorhome and pay nothing more, and there is nothing they can do to me. However I do wish to keep the RV as it is my "home".
I have attempted to contact this "so called" lein holder to arrange for payment, or even pay off of the loan and provided them with the discharge notice. I confess I did what my lawyer said and played dumb and just told them it was discharged and would like the title released. I have been told that no payment is necessary at this time, and they would not accept one if I provided it. I asked if they would reposess the RV and they said they would not do that wihtout letting me know first. The whole case has been transferred to their legal department for review. I have called them at numberous times, and I get the same story. I have also left several messages, and the last person I spoke told me that they will not return my calls because it was a discharged bankruptcy they could not contact me. I questioned then if they could not contact me, and they are not telling me how much I owe, or where to send a payment how do we get this settled. I was told I would have to wait until the case was released from the legal department.
I then went back to my lawyer to ask his advice. He told me that this collection agent most likely bought this debt thinking it was a credit card, and really doesn't know how to deal with the secured portion of this debt. I agree with him, that they do not want to end up with a 9 year old motorhome to deal with, so they are being very careful. He told me I should just wait it out. Quit calling them, and just wait, and they will mostly likely want to settle for a smaller amount. He then told me I should really low ball them when that happens. He said if I settle for them for a fraction of the amount owed, to make sure I get it in writing. As for the title he said I may never actually see that, and that the collection agent most likely doesn't have it either.
So my question is.... Do I take my lawyers advice? Do I continue to wait, not making ANY payments after the discharge? I clearly owe them something or they get the motorhome correct? I'm not happy with the idea that there may never be a title. What am I supposed to do without that? I could never sell it or dispose of it later if I wanted to. Its been six months and the collection agent says its still in legal is that possible? I'm wondering if I should find another lawyer who might actually help this get pushed along and settled. Any suggestions? or Thoughts?
I have attempted to contact this "so called" lein holder to arrange for payment, or even pay off of the loan and provided them with the discharge notice. I confess I did what my lawyer said and played dumb and just told them it was discharged and would like the title released. I have been told that no payment is necessary at this time, and they would not accept one if I provided it. I asked if they would reposess the RV and they said they would not do that wihtout letting me know first. The whole case has been transferred to their legal department for review. I have called them at numberous times, and I get the same story. I have also left several messages, and the last person I spoke told me that they will not return my calls because it was a discharged bankruptcy they could not contact me. I questioned then if they could not contact me, and they are not telling me how much I owe, or where to send a payment how do we get this settled. I was told I would have to wait until the case was released from the legal department.
I then went back to my lawyer to ask his advice. He told me that this collection agent most likely bought this debt thinking it was a credit card, and really doesn't know how to deal with the secured portion of this debt. I agree with him, that they do not want to end up with a 9 year old motorhome to deal with, so they are being very careful. He told me I should just wait it out. Quit calling them, and just wait, and they will mostly likely want to settle for a smaller amount. He then told me I should really low ball them when that happens. He said if I settle for them for a fraction of the amount owed, to make sure I get it in writing. As for the title he said I may never actually see that, and that the collection agent most likely doesn't have it either.
So my question is.... Do I take my lawyers advice? Do I continue to wait, not making ANY payments after the discharge? I clearly owe them something or they get the motorhome correct? I'm not happy with the idea that there may never be a title. What am I supposed to do without that? I could never sell it or dispose of it later if I wanted to. Its been six months and the collection agent says its still in legal is that possible? I'm wondering if I should find another lawyer who might actually help this get pushed along and settled. Any suggestions? or Thoughts?
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