Originally posted by justbroke
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So the former servicer is Ditech and I think this is the first time that a mortgage service was able to sell it's assets free and clear of consumer claims. This left consumers with little rights and protections. Here is an article detailing some of the details: https://www.jonesday.com/en/insights...does-not-apply
The rough part of this is that no one has provided anyone a list of what is a section 363(o) consumer claim. I would think all of the consumer claims defined in section 433.1 of title 16 of the Code of Federal Regulations and it makes zero sense that it does. The consumer attorney in the case gave me one example of servicer member type claims but I do not see it. In fact, in the Order confirming the Third Amended Plan, it appears that the judge describes such claims as RESPA being section 363(o) claims but mine was transferred to the new servicer. My claim has not even been reviewed to see if it a section 363(o) claim. As an adult with Attention Deficit Disorder, I may have a claim under the ADA act, especially since one of my RESPA letters revealed that and no one has made reasonable accommodations under the ACT.
My main argument in my bankruptcy case will be that the new assigned servicer is not even supposed to be servicing the loan and they have tortiously interfered with the contract (Ditech plan is a contract between debtors and creditors) and both of them have violated this plan. My list of claim objections is growing. I can bring claims in recoupment; everything Ditech did to set off what they say I owe. That ought to be fun.
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