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Is my mortgage company breaking the law?

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    Is my mortgage company breaking the law?

    Hi All,
    I am soooooo mad right now and I thought I would vent a little before I get on the phone.

    Filed Chapter 7 on June 30 - stated I would reaffirm for both mortgages. But this company didn't have us sign an agreement. In the past my payment was auto drafted out of my account.
    August 1st - autodraft payment - everything ok

    Sept 1st - no autodraft - I wait a few days then call and ask whats going on. They said since I filed bankruptcy then they were not allowed to auto draft anymore - fine (but thanks for any notification) I sent them a check in the mail.

    Oct 1st- set up to pay mortgage through my banks online bill service - they autodrafted my account - causing several things to bounce including the autodraft - (cost 104 bucks) I called them and they said no it won't go through again (most place will try and put it through again if it bounces). But of course it went through again but this time cleared since I got paid. Of course there is the outstanding check I sent them too -- (cost $36 to stop payment) - I got them to mail me back the check (cause you can afford to pay their mortgage twice in the same month) and refund of the $104.

    Nov 1st - wait to send payment until after the first to see if they try to take it again - nope so I mailed them a check (which took them 2 weeks to cash and it's only one state away)

    Ok here it is Nov 29 the day before payday - check my account to transfer the last 50 bucks I have to our other account. My account is 500 bucks in the whole WTF!! - They autodrafted the accounts again two days before it is even due!!

    Question - Is this not a violation of the automatic stay since they are collecting debt? They are the ones that told me they were not allowed to autodraft but keep screwing with my account. I am soo mad like I dont' have enough issues to deal with being this close to xmas!!
    Filed Chap 7 6/30/06 - 341 Meeting 8/1/06 -
    Deadline for objections 10/10/06
    US Trustee extended deadline to 12/9/06
    Dishcharged 12/29/2006

    #2
    Technically, your Lender did violate the automatic stay. I guess their Legal people didn't bother to check PACER regarding the status of you BK. Or else, they'd know you're not Discharged yet.

    Based on your original filing date and last date for Objections, your case shoulda been finished by now. Maybe that's what they were going on instead of "real time" information.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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