All,
I'll try to keep this quick. My BK was discharged on 1/31/08. My home was included in the bankruptcy. It seems that the mortgage holder on the house has finally gotten their act together and is moving forward with the foreclosure.
First, I'm in Kentucky with is not a community property state.
The First and Second mortgages are in my name only. The deed is in my name only. When I bought the house, I was married and my Ex-Wife was on the original deed. We ended up getting divorced, and the house was given to me in the divorce.
Now, it's June 1st and some strange things are happening. First, the lender is sending me statements saying that I owe the normal payment of $1200 is paid by June 6th and $9900 if paid after that date.
Both my Ex-Wife and I have recieved letters from the attorney representing the mortgage company in the foreclosure. Their letters state the amount owed, that it's a debt, and we both have 30 days to reply as to the validity of that debt.
We have both recieved certified mail from the county clerk (Which I assume is the forclosure notice.)
So my questions are:
1. Is it legal for the Mortgage Company to send me statements reflecting that I owe a balance?
2. Is it legal for the attorneys to send me a threating letter stating that I ower $157,000 on a debt that was discharged. Is this grounds for filing a complaint?
3. Why is my ex-wife getting letters and notices stating that she owes money when she's not on the Deed, or the mortgages? Should she ignore the letters or should she respond in some way? Does she really have any liability in this situation?
Sorry for all the questions, and thanks in advance!
I'll try to keep this quick. My BK was discharged on 1/31/08. My home was included in the bankruptcy. It seems that the mortgage holder on the house has finally gotten their act together and is moving forward with the foreclosure.
First, I'm in Kentucky with is not a community property state.
The First and Second mortgages are in my name only. The deed is in my name only. When I bought the house, I was married and my Ex-Wife was on the original deed. We ended up getting divorced, and the house was given to me in the divorce.
Now, it's June 1st and some strange things are happening. First, the lender is sending me statements saying that I owe the normal payment of $1200 is paid by June 6th and $9900 if paid after that date.
Both my Ex-Wife and I have recieved letters from the attorney representing the mortgage company in the foreclosure. Their letters state the amount owed, that it's a debt, and we both have 30 days to reply as to the validity of that debt.
We have both recieved certified mail from the county clerk (Which I assume is the forclosure notice.)
So my questions are:
1. Is it legal for the Mortgage Company to send me statements reflecting that I owe a balance?
2. Is it legal for the attorneys to send me a threating letter stating that I ower $157,000 on a debt that was discharged. Is this grounds for filing a complaint?
3. Why is my ex-wife getting letters and notices stating that she owes money when she's not on the Deed, or the mortgages? Should she ignore the letters or should she respond in some way? Does she really have any liability in this situation?
Sorry for all the questions, and thanks in advance!
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