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Can collection agency send letters after bankruptcy discharge?

Holly, MI |

I had a bankruptcy in 2001 which discharged my mortgage. I continued to pay the mortgage even though the debt was not reaffirmed. Due to financial difficulty I now have to let the house go and it is being forclosed on. The bank has sent the matter to collections and I am receiving collection letters saying I will be responsible for any amount owed after sale and being told that it is legal because I am not currently in bankruptcy. Can they do this or is this a violation of the bankruptcy law? I thought that because it was included in bankruptcy they could not send me this type of documentation. Also, mortgage company is reporting late pays to credit agencies now even though they told me they could not report on time payments due to bankruptcy-Can they do this?

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Attorney answers 1


If the note secured by the mortgage was discharged in your bankruptcy (no reaffirmation agreement filed), then all the mortgage company can do is enforce its lien against the property.

They can not come after you for money. By doing so, they are violating the bankruptcy discharge and possibly other laws. You need to either contact your bankruptcy attorney from 2001 or get someone new on the case to consider all the facts (I have made certain normally reasonable assumptions) carefully, including reviewing the current correspondence, the bankruptcy filing, and the court docket sheet. The lawyer will then be in a position, if everything checks out, to enforce the discharge and ask for sanctions including attorneys fees.

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