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Filed Chapter 7 - discharged - still getting phone calls from BOA on a rental we had

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    Filed Chapter 7 - discharged - still getting phone calls from BOA on a rental we had

    Filed Chapter 7 in July 2010
    Discharged on January 2011

    We owned 5 rental properties that we gave up in bankruptcy.
    2 of them were easily given back to one bank.
    1 was sold (we worked with the bank to sell it and they took the money)
    1 has never talked to us again...I don't even remember the bank.
    1 is a NIGHTMARE!!! Owned by BOA and they won't stop calling!

    It's been over 2 years since we made a payment on that house. I have tried talking to BOA (before and after the filing for BK), but they won't leave me alone. They say the calls will keep coming until the house is foreclosed. They've even tried getting me to sell the house for them and said they would pay me $2500 to do it (which I rejected). I don't want it, the house was trashed by a prior tenant and there has been no running water and no electricity for over 2 years. It looks like squatters live there!

    Why won't BOA leave me alone and do they really have the right to keep calling me after BK was final? No other debt keeps haunting us like this one. I am starting to wonder if my lawyer did something wrong, but I hate to call or email him as they charge us for every conversation.

    Has anyone else had this happen? I'm so frustrated!! Thanks for any advice!

    #2
    was that property listed and surrendered with the discharge of your bk?? have you checked your credit report to see what or how b of a is lising it.

    if it was including your your bk, it should be listed on your report as IIB AND, if your bk is closed with and it was included then b of a is in violation of the order of your bk. if that is the case and the property was in fact listed and discharged and your bk is closed then i would contact the firm who handled your bk and suit their butts!!!

    there are certain creditors who can pursue in after the close, if you did reaffirm that mortgage and some other situations, so first things first. was the property and it's mortgage listed and discharged??
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      Yes, it was listed on our BK and we didn't want it because it was a crappy old rental house. I don't have the paperwork in front of me, but I guess I'm going to call the lawyer and see what's going on... ugh!

      Comment


        #4
        right on your discharge and close order it states clearly that no one that was included in your bk UNLESS you reaffirmed your mortgage etc. can ever contact you to collect the debt.

        i would make CERTAIN it was listed and discharged and then if it was B of A can be in trouble!!!
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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          #5
          I don't think they are calling about the debt, are they? I would presume that they are calling about the disposition of the home.
          ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
          Not an attorney - just an opinionated woman.

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