My 2nd mortgage was included in my ch 7 BK and the lien was stripped. Yet, a collection agency sent me a letter stating that they represent the mortgage servicer and are attempting to collect the balance owed. The loan is now unsecured and I do not believe that I am personally liable after the ch 7 filling. On what grounds are they trying to collect the debt?
I contacted the original loan servicer and they verified that they contacted the collection agency. So, it is real. But, the rep said something odd, "We are no longer the servicer of the loan." I am guessing they sold it on the cheap to some shady collections agency.
Because debt collectors are not smart. They don't do a Pacer check of your SS# to see if you filed BK. It only costs them $0.08 per person, but they don't do it.
So they may have violated the FDCPA, the bankruptcy discharge, and state law by asking you to pay the debt you do not owe.
You may have a claim for damages.
4 lawyers agree
Was the 2nd mortgagee (bank) listed as a creditor in your bankruptcy? If so, tell the servicer that and tell them and tell them that they cannot legally continue to attempt to collect on this debt. We usually write them a letter.
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Chapter 7 Bankruptcy Attorney
Although your 2nd mortgage may have been discharged in your Chapter 7 case, you may not have stripped the lien unless you have an actual court order saying so. In most parts of the US, you cannot strip a 2nd mortgage lien in Chapter 7, only in Chapter 13.
If you have a lienstripping order, send the copy to the collector. If you don't, the debt still affects the title to your property & it might be in your best interest to negotiate the release of this lien with the collector. Hope this perspective helps!
Stripping a mortgage in a chapter 7 case is something that was recently reinstated by many judges based on a decision by the 11th Circuit Court of Appeals. It was not available for a number of years. There is a difference between "stripping" a lien and "discharging" a lien. If the lien was discharged (or stripped for that matter), there is a limitation to the kinds of communication a holder, servicer, or collector of the loan can have with you. A consumer bankruptcy attorney can give you more specific information regarding this issue.
The above is for informational purposes only. The offering of this information in no way presumes to create an attorney/client relationship and should in no way be construed as actual legal advice.