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Discharged/Closed but just served papers on 2nd mortgage

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    #1

    Discharged/Closed but just served papers on 2nd mortgage

    So I am a little panicked after answering my door, and was served papers to appear in court. We were discharged/closed last month. Our 2nd mortgage through DiTech, served us papers.

    Is this common? If we are discharged, why would we be served? We left the house, and somehow they found our new address.
    Filed 5/22/08 341 Meeting 6/19/08 (No Asset) Last Day for Objections 8/19/08 Discharged 8/22/08 Case Closed 8/25/08
    Credit Score 4/28/08--660 6/10/08--528 Credit Score 8/30/08--625
    Tags: None
    #2
    If the 2nd mortgage was included in your BK, all you have to do is send them copies of your Discharge Order, and, essentially, tell them to "GO EAT WORMS!"
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

    Comment

      #3
      Originally posted by csrhjr31 View Post
      If we are discharged, why would we be served? We left the house, and somehow they found our new address.
      If you did surrender the prior home in the bankruptcy or abandoned it before filing, included the loans in the filing, and did not sign a reaffirmation agreement, then as one of our wonderful members already said, DiTech can not only "eat worms" but besides that, they've also violated the bk law by demanding that you pay a discharged debt.

      Contact your Ch 7 lawyer and update him/her about this. And whatever you do, do NOT miss the court date that DiTech has listed on the papers you were served. Bring along your bankruptcy discharge papers. If you did include surrendering the home in your bankruptcy, then enjoy the moment when the court judge rips DiTech a new one because they have no right to pursue a surrendered home mortgage debt discharged in bankruptcy. And be sure to ask the judge for payment for your documented time missed from work to prepare for the court appearance and for your lawyer's fees if he/she gets involved as well.

      HOWEVER if you did *not* include your home in the Ch 7 when it was filed or if you signed a reaffirmation agreement for the mortgage loans, then DiTech has every right to come after their money as does your first lender.

      Which is the case for you?
      Last edited by lrprn; 09-22-2008, 06:33 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !
      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment

        #4
        We need more info on how you disposed of this house. Has the 1st mortgage initiated foreclosure?

        I have to disagree with the prior posts, this is normal. You said you "left the home", so that means you are letting the home go, correct? Also, I assume you probably have not paid on your 2nd mortgage in some time, correct?

        If so, what DiTech has done is perfectly legal, and required. My guess is, DiTech has initiated foreclosure.

        Comment

          #5
          We included the 1st/2nd mortgage in our bankruptcy and DID NOT reaffirm the house loans. We have left the house and let our 1st mortgage know this... we turned over the keys.

          Do we have to go to court?
          Filed 5/22/08 341 Meeting 6/19/08 (No Asset) Last Day for Objections 8/19/08 Discharged 8/22/08 Case Closed 8/25/08
          Credit Score 4/28/08--660 6/10/08--528 Credit Score 8/30/08--625

          Comment

            #6
            Originally posted by csrhjr31 View Post
            We included the 1st/2nd mortgage in our bankruptcy and DID NOT reaffirm the house loans. We have left the house and let our 1st mortgage know this... we turned over the keys.

            Do we have to go to court?
            Well, what exactly do the papes say. Is this a complaint for foreclosure, or something else?

            Comment

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