Foreclosure and Bankruptcy

[Bucky41]

What is the name of your state (only U.S. law)? NY

Not sure if this is the correct forum but here goes...purchased home jointly with husband early 2002 (divorced 2006). I filed bankruptcy 10/09 and included mortgages. Bankruptcy was discharged February 2010 and information was given to mortgage company when they called after the discharge. I'm still receiving phone calls and was told today that it doesn't matter if it's been discharged, I still owe the debt. I'm really frustrated as I've given the information a number of times, their bankruptcy department has the information yet I continue to get automated phone calls as well as 'live' calls.

Is there anything I can do about this? I've even gone so far as to tell them they are violating Section 524 of the U.S. Bankruptcy Code...doesn't work. Unfortunately, my bankruptcy lawyer doesn't work either. I've contacted him regarding this since part of what I paid for was "follow-up post bankruptcy" but I just get an e-mail automated response.

Any suggestions?

 

[HomeGuru]

What is the name of your state (only U.S. law)? NY

Not sure if this is the correct forum but here goes...purchased home jointly with husband early 2002 (divorced 2006). I filed bankruptcy 10/09 and included mortgages. Bankruptcy was discharged February 2010 and information was given to mortgage company when they called after the discharge. I'm still receiving phone calls and was told today that it doesn't matter if it's been discharged, I still owe the debt. I'm really frustrated as I've given the information a number of times, their bankruptcy department has the information yet I continue to get automated phone calls as well as 'live' calls.

Is there anything I can do about this? I've even gone so far as to tell them they are violating Section 524 of the U.S. Bankruptcy Code...doesn't work. Unfortunately, my bankruptcy lawyer doesn't work either. I've contacted him regarding this since part of what I paid for was "follow-up post bankruptcy" but I just get an e-mail automated response.

Any suggestions?

**A: are you still living or own the property? BK does not discharge mortgages on real property. You still owe.

 

[nextwife]

You filed surrendering the real estate in your Ch 7? When did you deed them the property?

 

[HomeGuru]

You filed surrendering the real estate in your Ch 7? When did you deed them the property?

**A: so many questions****************************...so little answers.

 

[Bucky41]

In answer (and I wasn't avoiding the questions - I left work before anyone had replied and just got in), the property has been vacant since my ex moved out ~ April/May 2006 (I was already out). I relinquished the home in Chapter 7 bankruptcy and made sure my attorney understood that I did not want the house (a little background - my ex stopped making any payments on the house around the time he moved out and I was left with two mortgages to pay which I did until mid '09).

I'm unclear about nextwife's question about deeding them the property . It was jointly held and the foreclosure process has begun (which I'm fine with if that's what needs to be done) but at no time did my bankruptcy attorney have me sign over the deed to the home. I'm not sure I could have since both names are on the deed (again the attorney was aware of this).

HomeGuru - if bankruptcy doesn't discharge mortgages why wouldn't a bankruptcy lawyer disclose that? I did a great deal of research before deciding to file and I read that you can't write off things like the IRS, most student loans (I think there were exceptions) and child support but nothing about mortgages...now I'm really confused. No, I didn't write off the above things, just trying to make a point that I did do research. I tried my best to sell the house but there were no buyers (there were offers but he wouldn't agree to sell) and I couldn't afford the payments.

 

[cires]

Bucky,

Reading your thread takes me way too close to home. I'm in the same situation as you. I filed for Chapter 7 earlier this year and it was discharged in April. We surrendered our home and was told by our lawyer that we can continue to stay in our home until we're told to move out so needless to say...we are still in the home.

Shortly after our bk was discharged we started getting calls from our mortgage company. I called the bankruptcy department at the mortgage company back and I was told that even though I filed chapter 7, I still owe the money. So very similar to you. I called my bk attorney right away and he reassured me that I should not have to owe anything and he advised me to stop making contacts with the mortgage and that he will send them another letter. I have not heard from them since but again LIKE YOU, even though we surrender the home, we NEVER signed over over a deed.