Giving house back after 7 closed,creditors calling

[kimba251]

We have decided to walk away from our house we didn't reaffirm. We have a 1st and 2nd mortgage with PHH. We are now just late by 17 days on the 2nd. I am not sure if it is them but it is just like before.

We got 4 calls from a 1-800 number yesterday with no message left. If it is them what should we tell them? Can they rightfully call us relentlessly again? (they would call 10 times a day everyday)

If we tell them we are giving the house back will this speed up the foreclosure? We are a little concerned they are going to give us a hard time because we challenged them on our credit report since they have us as current. They tod credit agencies they are reporting correctly and they are not IIB, which they are. (2nd loan says IIB but first says current been late twice)

Can they report us as late on credit report now since we are giving the house back?

[StartingOver08]

Your petition states that you are surrendering the house in BK right?

You can walk away anytime and the lender has no recourse. You need to contact your attorney and have him send a letter that the lender is violating the discharge order.

You must correct your credit report.

Once your loans are iib, they can not be continuing to report balances and payments. Your first and second should read zero balance and iib. BTW, it is common for the lenders to report incorrectly - it is up to you to monitor your reports regularly.

[kimba251]

Originally we were going to keep the house so it says exempt property. We did not reaffirm either loan.

I am in process of fixing credit reports, only one left to fix. THey now say filed chapter 7 bankruptcy.

I was of the understanding that we can walk away since we did not reaffirm. Does it matter if paperwork says exempt and not surrender??

[kimba251]

JUst want to make sure since It says exempt and not surrender we are still good to go to walk away.