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This *is* an attempt to collect a debt...say what?

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    This *is* an attempt to collect a debt...say what?

    I think it was last week that I posted that our friends living in our old house (included in bankruptcy, not reaffirmed, stopped paying on) were receiving letters about how we have X amount of days to bring our mortgage current "or else"...Well our friends put one of the letters in the mail for us and we received it today. Right in big, bold letters it says 'You are in danger of losing your property if you do not take action immediately". It says it concerns the mortgage loan for our property, blah blah blah. A few paragraphs down it gives an address for Wells Fargo Bank "home preservation team" as well as a number to call. I call the number and right off the bat it says "Thanks for calling the Wells Fargo Home Preservation Team. We are required to inform you that this IS an attempt to collect a debt and any information obtained will be used for that purpose".

    We also received in the packet a home loan modification request form (HAHAHAHAHAHAHA-yeah right) *and* a new "notice of default and election to sell under deed of trust" that is dated 7/9/2013 with a Trustee Sale # that is different than the one we had last year.

    Um...what do I do? It was discharged in our chapter 7 a little over a year ago...

    We did not reaffirm, we are well aware that they are planning to foreclose and had a foreclosure sale scheduled last year for December 18th, which was subsequently canceled because, per the Wells Fargo attorney, they were missing an essential piece of documentation required to foreclose on the house. I guess I'm a little thrown off here-we received approximately 40 (yes, 40) certified letters last year regarding our foreclosure from WF, but never something like *this*. Everything always specifically stated it was just notifying us of the foreclosure, that it was NOT an attempt to collect a debt. I'm a little panicked because of course the thought of "what if something went wrong in the bankruptcy and it wasn't discharged" goes through my head-my husband is just more concerned that they're violating bankruptcy law and would like to know if we need to hire an attorney. Or if this is just a simple, standard letter and procedure that normally takes place right before a foreclosure notice is about to come our way...

    Any help, anyone??? I'm thinking I should just call and explain the house was IIB.
    Last edited by memama; 08-17-2013, 05:33 PM.

    #2
    Send them a copy of your Discharge Order, and tell them to leave you alone, or else, they may have to deal with your trustee, judge and a very hungry attorney....
    "To go bravely forward is to invite a miracle."

    "Worry is the darkroom where negatives are formed."

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      #3
      The left hand doesn't even know the right hand exists at WF! Just send them the discharge paper and to C&D.
      Lawyer - $3000
      Filing fee - $299
      Fresh Start - Priceless

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