My Bk 7 discharge dec-2011 mortgage was included in BK7 (Bank of American lenders) and trustees sold property October-2011 (she did the quick claim D) after my Bk7 discharge BOA sold the property to other lender call GREENS Tree June -2013 and I been served lawsuit I don't know what to do I don't have job right now can they still go after me ? Or is it make any difference they brought the property after discharge? Do I need to do anything because I had 20 day to respond this lawsuit please anyone give me some advice . I'm very thankful for legal advice and your time .
In order to answer, someone must look at the legal papers you received. Most of the time, in this situation, the lender is only trying to foreclose by filing a lawsuit & isn't trying to get any money from you. Mistakes do happen, so I suggest writing the creditor's attorney asking for clarification about the suit and enclosing a copy of your bankruptcy discharge. Hope this perspective helps.
Green Tree Servicing is a mortgage servicer or sometimes a mortgage holder. BofA did not sell the property to Green Tree. Instead one of two things happened: 1) BofA transferred the servicing rights to the mortgage to Green Tree or 2) BofA or the the actual holder of the mortgage assigned the mortgage to Green Tree. The most likely scenario is option number one. Either way, at this point Green Tree is foreclosing on the mortgage.
I am pretty sure that you have been told several times that you obligation to pay the mortgage was discharged in your bankruptcy case if 1) you did not reaffirm the debt, 2) BofA or Green Tree did not object to discharge of the debt and 3) the court granted you a discharge. What is probably happening at this point is the mortgage holder or mortgage servicer (now Green Tree) is foreclosing on the mortgage and it must serve you as the owner of the property. It is very unlikely that Green Tree is seeking a deficiency judgment against you.
If your debt was discharge and Green Tree is attempting to collect the debt from you, consider yourself lucky. Then find a lawyer that handles litigation against mortgage holder and mortgage servicers for violating the discharge order and violating other laws such as RESPA and the FDCPA. You should be able to find an attorney that will proceed against Green Tree on a contingent fee basis. However, the attorney will need to review your bankruptcy schedules and any orders entered in your bankruptcy case along with any and all documents sent to you by Green Tree, including the suit that was filed naming you as a party.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
I agree with my colleagues. However, It may be a good idea to file a Suggestion of Bankruptcy in the recently filed foreclosure case to put the court and all parties on notice that you filed bankruptcy. It would be wise to seek the guidance of a bankruptcy attorney to review your bankruptcy case just to make sure all the proper documents were filed. They can further assist with filing a Suggestion of Bankruptcy, if appropriate.
If the debt was discharged, the current case is only about the property. Confirm that the debt was discharged and consult your bankruptcy attorney to insure there will be no deficiency action against you. If the mortgage servicer is attempting to collect the debt that has been discharged, they may be in violation of debt collection practice laws.
As indicated in response to you earlier post, get an attorney in your neighborhood to read the papers and advise. The consultation fee of $300 is worth sleeping better at night. An online board will never get you the detail of a professional consultation. All of the responses on this site are giving you general information that may but may not apply to your specific lawsuit. Good luck!!!
The law suit may just be the foreclosure case going through the Florida court. Talk to your BK attorney or call the attorney for Greentree.
I recently had a CA client who surrendered her former residence in Florida to the bank. Bank still had to foreclose under Florida law (always in court). They should not be able to come after you for any deficiency as that would have been discharged in the bankruptcy.
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