My Mortgage Servicer Changed while filing

[4powells]

I submitted paperwork to file for Chapter 7 to my Attorney while my mortgage was being serviced by Citimortgage. During the process of filing, it changed from Citimortgage to Midland.

After my bankruptcy discharged, Midland started calling. I informed them that I intended to surrender the house as part of the bankruptcy and that I had included the mortgage with the Chapter 7.

They stopped calling and started the foreclosure process.

My question is. The Mortgage servicer is irrelevant right? I mean the mortgage contract may change hands, but it's still the same agreement, correct? In other words, does it matter in terms of my obligation on the debt that the servicer may have changed? Isn't that simply a administrative oversight?

[AngelinaCat]

I can't answer that specific question. Someone else that has had that happen to them will have to chime in.

However, while we were in our Ch7, our land-line telephone provider, Southern Bell, was taken over by AT&T. Up until then we had free unlimited long distance service. After the takeover, unlimited long distance was no longer free. Because of the Automatic Stay, we were not contacted about this change until after we were discharged.

AT&T then started hounding us over $536.00 they said we owed. Had we known about this takeover, we would have canceled the service, but we didn't have the opportunity. We sent them a copy of the Discharge Order. Each time the debt was sold, we sent a copy of that order along with a C & D letter. So far, so good. However, this will probably end up being a 'zombie debt'.

BTW, welcome to the forum.

[SMinGA2]

Consult with your attorney to be sure - but I believe you are correct. The debt was discharged. Worst case scenario, I think, is your attorney could file to reopen & add the new servicer as a creditor. But that probably is not necessary.

[4powells]

Kind of interesting update. So my lender changed while filing. After the discharge, they foreclosed. It was then immediately transferred from the new servicer to Bank of America. Mortgage Hot Potato.