Sharon
08-05-2003, 05:58 AM
We've already talked to our BK lawyer about this but by his own
admission he is not that knowledgeable and unfortunately doesn't know
anyone else who would do this kind of work.
I had previously posted how mortgage lender #2 was sending statements
(adding interest/late fees etc.) without asking for lifting of the
automatic stay. Lawyer told us their disclaimer on the bottom of
their bills protects them from this being a violation, and he offered
to write a letter asking them to stop sending us bills.
But a new problem has arisen: 1st mortgage holder had been reporting
on our credit reports correctly as "Included in BK $0 balance
Foreclosure Proceedings Started". Suddenly we were alerted by our
credit watch service that delinquencies were being reported. Lo and
behold, it's lender #1. First delinquency was reported as $1926 on my
report. I wrote them and told them to remove it as account should
just have the BK on it. Their response was to add another delinquency
the following month of $2675. Now they have put a delinquency on my
husband's report as well.
Are they allowed to do this? Isn't the purpose of the BK to wipe the
slate clean. It's like a double whammy, and a very serious one at
that. BTW, we were never late in paying until the filing of
conversion of BK 13 to BK 7. They are getting our house, what more do
they want? What is the use of trying to get our ratings up when they
are stabbing us in the back?
Thank you for any replies.
Brett Weiss
08-05-2003, 10:36 AM
No, they are not allowed to do this. You aren't delinquent, since
the debt was discharged. This is a violation of the discharge
stay.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************
"Sharon" <torgo7@comcast.net> wrote in message
news:632c3647.0308050458.1c98fdae@posting.google.c om... We've already talked to our BK lawyer about this but by his own admission he is not that knowledgeable and unfortunately
doesn't know anyone else who would do this kind of work. I had previously posted how mortgage lender #2 was sending
statements (adding interest/late fees etc.) without asking for lifting of
the automatic stay. Lawyer told us their disclaimer on the bottom
of their bills protects them from this being a violation, and he
offered to write a letter asking them to stop sending us bills. But a new problem has arisen: 1st mortgage holder had been
reporting on our credit reports correctly as "Included in BK $0 balance Foreclosure Proceedings Started". Suddenly we were alerted by
our credit watch service that delinquencies were being reported.
Lo and behold, it's lender #1. First delinquency was reported as
$1926 on my report. I wrote them and told them to remove it as account
should just have the BK on it. Their response was to add another
delinquency the following month of $2675. Now they have put a delinquency
on my husband's report as well. Are they allowed to do this? Isn't the purpose of the BK to
wipe the slate clean. It's like a double whammy, and a very serious one
at that. BTW, we were never late in paying until the filing of conversion of BK 13 to BK 7. They are getting our house, what
more do they want? What is the use of trying to get our ratings up
when they are stabbing us in the back? Thank you for any replies.
Sharon
08-05-2003, 06:12 PM
Mr. Weiss, again I am in your debt. It seems like this company is out
to destroy us as much as they can. I wish you were licensed in NJ, I
would not hesitate to use your services and recommend others to you.
Your interest, understanding and help is exemplary.
In addition, a car dealer did two hard pulls without my husband's
consent. We are reporting them to the FTC. Our intense struggle to
raise our scores so that we can have a halfway decent life is a full
time job in itself.
My best to you and your spouse.
"Brett Weiss" <lawyer@erols.com> wrote in message news:<7cednY15RtSQdrKiXTWJkA@comcast.com>... No, they are not allowed to do this. You aren't delinquent, since the debt was discharged. This is a violation of the discharge stay. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@erols.com * * http://www.erols.com/lawyer * * * * Small Business Estates & Estate Planning * ************************************************** *************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ************************************************** *************** "Sharon" <torgo7@comcast.net> wrote in message news:632c3647.0308050458.1c98fdae@posting.google.c om... We've already talked to our BK lawyer about this but by his own admission he is not that knowledgeable and unfortunately doesn't know anyone else who would do this kind of work. I had previously posted how mortgage lender #2 was sending statements (adding interest/late fees etc.) without asking for lifting of the automatic stay. Lawyer told us their disclaimer on the bottom of their bills protects them from this being a violation, and he offered to write a letter asking them to stop sending us bills. But a new problem has arisen: 1st mortgage holder had been reporting on our credit reports correctly as "Included in BK $0 balance Foreclosure Proceedings Started". Suddenly we were alerted by our credit watch service that delinquencies were being reported. Lo and behold, it's lender #1. First delinquency was reported as $1926 on my report. I wrote them and told them to remove it as account should just have the BK on it. Their response was to add another delinquency the following month of $2675. Now they have put a delinquency on my husband's report as well. Are they allowed to do this? Isn't the purpose of the BK to wipe the slate clean. It's like a double whammy, and a very serious one at that. BTW, we were never late in paying until the filing of conversion of BK 13 to BK 7. They are getting our house, what more do they want? What is the use of trying to get our ratings up when they are stabbing us in the back? Thank you for any replies.