I have a crazy question. I filed BK in June 05, 341 meeting in July05, Discharged 9-26-05, we included the house in the BK. They got their Relief from stay in Aug to start forclosure. I got a letter in the mail last week telling me they reviwed my loan and upped my intrested rate to 9.7 from 7.5 and raised the payment from 685 to 819. I haven't made a payment since filing bk. What is up with this? Why are they still acting like i am keeping my house?
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Why do they still send us letters?
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I HEARD THAT - HHM
The right hand does not know what the left hand is doing and they have their head stuck up their @@@@@@!!!
My mortgage company was the same way...... and still is!!!
I've been discharged for a year.....
MinnyMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.
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I say i should just ignore it. Am i right? Or should i call them and remind them of the BK?Originally posted by MinnymouthI HEARD THAT - HHM
The right hand does not know what the left hand is doing and they have their head stuck up their @@@@@@!!!
My mortgage company was the same way...... and still is!!!
I've been discharged for a year.....
Minny
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I wouldn't just ignore it. As long as the house was included and you got your discharge, they can't get a dime out of you. However if they are that screwed up, by sending you that letter, who knows what they may still be reporting to your CR. I would call them and get them to fix their mistake, and then pull a copy of your CR's (all 3) to make sure that they are in order.
Just my 2 cents.
-ViperState: New York
Filed: 10/7/2005 :(
341: 12/9/2005 :clapping:
Last day for Objections: 2/7/2006 :yahoo:
Discharge & Closed: 2/17/2006 :D :D :D
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I dealt with a similar situation with Chase. These companies have different offices all over. It is as everyone states, one office isn't aware of what the other is doing. If you have a large mortgage co. then that is likely the case.
It is the same with the CC companies, they can get very crosssed up in there dealings."You once asked me for advice. You want some now? Never pass up a good thing." Lieutenant Jean Rasczak, Starship Troopers
Join the Mobile Infantry and save the world. Service guarantees citizenship.
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This sounds like a violation of the discharge, this company can be sanctioned by the court if you inform the court or you can send in a demand asking for damages for contacting you. I know one couple who was sued after the discharge and received money back that was more than what they paid for the bankruptcy. Ironic
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It is a violation of discharge...WA Mutual was doing the same to me. I told my lawyer and she said it was harassment. She called them right in front of my wife and I and took care of it. A week later, we get a letter in the mail from WA Mutual telling me that they received a phone call from my lawyer, they understand that I filed bankruptcy, etc...
BTW, they were reporting wrong to my credit reports. I disputed it, they never responded, and WA Mutual has been removed from my credit reports all together.
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I don't think its in violation of a discharge. A mortgage company has to complete the legal proceedings of foreclosure even if you surrendered the home in bankruptcy.
If you had an ARM loan, and the rate adjusted per the Note, you have to be notified. The lender has to continue servicing the loan, even though they aren't going to collect on it until the foreclosure process is complete.
They aren't demanding money, they are letting you know there was a interest rate change, and they are required to do that by law. Mortgage companies have to fully disclose any changes on an active serviced loan. The loan is still actively being serviced, even if they can't collect on it, until the foreclosure sale is completed...
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i agree. doesnt sound like they are trying to collect anything, just tell you something changed on something they think you owe.
if its included in your bk dont worry about it. its no big thing at this point.Im not an attorney or a trustee. You cant trust me either though!
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