Validation of Debt ltr AFTER discharge??

[shanmarie]

Hi, We just received a "Validation of Debt" letter and we were discharged in March of this year. Anyone have info. on this? We called them and they insist we still owe this amount to them, even after they verified they know in their file we put this on bankruptcy. What gives? Is this just bogus? Are they just trying to scare us to get money, even though this cannot be legal to do so? Should I contact my attorney and ask for help with this? Is this considered harrassment? Thanks for any advice.

[HHM]

First, what is the debt for?

[shanmarie]

Home mortgage. Relinquished the house in bankruptcy, chapter 7. House was lost in flooding and they evidently put in a claim and received $62,000 from insurance to pay them for the house (original note $74,000), but they are trying to collect $12,000 from me according to the letter. According to this Validation of Debt letter, if we disagree and don't respond in 30 days, they will consider the debt valid. However, they have on their records that we filed bankruptcy, they have the bankruptcy info. and they know relinquished the house to them. Their letter tells how they will file for a judgment of this debt. Guess I need my atty to write them a letter in response to this. I swear, it never ends!!

[HHM]

Note, that phrase "will consider the debt valid" does not mean anything...if you fail to respond within 30 days, it is not a legal admission that the debt is valid.

All you need to do to dispute the debt is send a letter with a copy of your discharge and list of creditors shoring the note holder as a creditor.

You probably have a good case for violations of the FDCPA, and the automatic stay...a consumer attorney would probably be interested in bringing a case on your behalf (these types of cases are usually brought on a costs/contingency basis).

However, having said that, when did the house flood. Before, during, or after you BK (probably not after if you let the house go in BK).

[shanmarie]

The house flooded before bankruptcy (hint: 8/29/05). Thanks for the advice. It's funny because they actually have the nerve to state in the letter that they are doing this "in accordance with the Federal Fair Debt Collection Practices Act." Really cracks me up, as it appears to me that they are in obvious violation of this same act by sending this to me. In case anyone is wondering who I'm dealing with, its HomEq Servicing Corporation. I'm sure more than enough people on this board have had just wonderful dealings with these guys. We've had nightmares since they took over our loan a few years ago, as that's when all the trouble started...charging outrageous "miscellaneous" fees they could never account for. I thought the nightmare with them was over, but they keep at it...these people are worse than the mafia.

[niteflytes]

Yikes...I have my mortgage with them. I'll be sure to keep an eye on my statements for any "misc" fees.