I am filing a motion to avoid an AMEX credit card judgment attached to my home. I am not doing anything negative to either of my 2 mortgages, but I understand that they are also supposed to be served with the motion. My second is BofA and I read to send to them certified mail, attn: President at their address on record with the FDIC. But my first is Nationstar, LLC. I don't believe they are affiliated with the FDIC. Do I just send to their correspondence address? Serve Attn: to anyone in particular? Certified mail required? Please help.
More is always better when it comes to notice under these type of circumstances. The banks should be served at the address used in any proof of claim they filed in the case. The should also be served at the address you lested them at in your schedules. They can also be served as per the notice provisions in your respective mortgages. As you are not seeking affirmative relief against the banks this may be overkill but it only costs you the postage to make ceratin they cannot comeback and allege improper notice.
BK is definitely not a DIY project. Find/consult with an Avvo attorney by clicking the tab "Find a Lawyer". Many of us offer free consultations. All the necessary steps/procedures must be done timely and followed exactly to avoid the denying of your motion.
You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
Since Nationstar isn't interested in your dispute with AMEX over the judgment lien, I wouldn't serve Nationstar or BOA at all. AMEX and its attorneys would appear to be the only interested parties to this action. Hope this perspective helps!
Your local rules may be of assistance. Ultimately, it will be up to the judge to decide if service was proper. Check your docket to see if an attorney for either of your mortgage lenders have filed anything, then serve the lawyers at that address. Otherwise, you may be able to get away with service on the address listed in your petition.
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