Foreclosure started by different bank after discharge

[imran93]

I am little confused and need some advice. My mortgage loan was discharged in chapter 7 and property was intended to surrender. Chase was my mortgage service provider and started the judicial foreclosure in local court immediately after getting permision from bankruptcy court but later withdraw the suit for foreclosure apparently due to faulty paperwork. Some months later now a new foreclosure case is filed but it is now a different bank suing me for foreclosure. It seems from the court documents that at some point loan was transferred to this new bank but at time of bankruptcy filing and discharge all notices were sent to Chase and they were also acknowledged by Chase. I was never notified of any change

My question is that is there any possibility that new bank does not know about loan being discharged and later tries to collect deficiancy jusgement from me or sends incorrect 1099-c

Anyone else in the same situation. Should i inform the new bank or just keep quiet

[AngelinaCat]

Send a copy of the Discharge Order to the new bank, and a letter informing them, in case that they do not already know, that you went through BK, intend to surrender the property. You are still willing to do same now, but you do not intend to pay any any fees, fines, or anything else having to do with this mortgage, since this was debt was discharged.

We had a similar situation happen, though not with a mortgage. At the time we filed, we had telephone service with Bell-South, which included unlimited long distance calls, incoming and outgoing. Somewhere in the middle of our BK, AT&T took over our service and started charging us for long distance calls. We did not know this until after we were Discharged, because of the Automatic Stay.

Once we were Dicharged, we started getting dunning notices from AT&T and the JDBs wanting $568.00 for our long distance service. We sent C & D letters to each agency along with the copy of the Discharge Order, and told them to leave us alone. As the debt has been sold by one JDB to another, we have had to send out the same letter and copy.

AT&T is now in the midst of a class-action lawsuit regarding their deceptive practices during the time that we are disputing. We will see how that turns out....