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  • Lying in Wait Post BK Discharge

    How are these lenders allowed to get away with this stuff? Never late
    on mortgage until we filed BK 7 and were told to stop paying and
    informed trustee house is being given up. One lender gets relief from
    stay; another doesn't and keeps sending bills (with disclaimers re:
    stay on the bottom. We're not violating it even though this looks
    like a real bill with late charges and everything--and now we'll add
    back taxes and insurance to what you owe us--but we're not violating
    the stay); number three is silent throughout. As soon as the
    discharge: lender #1 starts adding delinquencies to credit reports
    every month, #2 claims we had a late payment (never!) and #3 joins the
    ranks only after receiving an addendum to foreclosue papers from
    lender #2. Bk lawyer says "sorry, after discharge I have nothing to
    do with this". Neither, it appears, does anyone else.

    Try to get a lawyer interested but guess there's not enough money
    involved on their end. Doesn't matter we are ruined, our house is
    lost and credit is trashed. There is NOBODY to protect the little guy
    anymore. They count on this and feel free to do whatever they want.

    Too bad we can't afford those millions in campaign contributions like
    these lenders so they can continue their underhanded tactics unabated.
    What a joke, but I ain't laughin'.

    Sorry for the outburst but I've just about had it with this whole
    farce.

  • #2
    Lying in Wait Post BK Discharge

    What do you expect soon after BK? Of course, your house will be
    forclosed and your credits will be ruined. They are the consequences
    when you decided to file BK. How can you expect anything else? Do
    you still expect a perfect credit rating after BK? No way!

    The fact that you were never late before your BK is really irrelevant.
    You have made the decision to file BK. Now it is the time for you to
    learn to live with the consequences and move on.






    [email protected] (Sharon) wrote in message news:<[email protected] com>...
    How are these lenders allowed to get away with this stuff? Never late on mortgage until we filed BK 7 and were told to stop paying and informed trustee house is being given up. One lender gets relief from stay; another doesn't and keeps sending bills (with disclaimers re: stay on the bottom. We're not violating it even though this looks like a real bill with late charges and everything--and now we'll add back taxes and insurance to what you owe us--but we're not violating the stay); number three is silent throughout. As soon as the discharge: lender #1 starts adding delinquencies to credit reports every month, #2 claims we had a late payment (never!) and #3 joins the ranks only after receiving an addendum to foreclosue papers from lender #2. Bk lawyer says "sorry, after discharge I have nothing to do with this". Neither, it appears, does anyone else. Try to get a lawyer interested but guess there's not enough money involved on their end. Doesn't matter we are ruined, our house is lost and credit is trashed. There is NOBODY to protect the little guy anymore. They count on this and feel free to do whatever they want. Too bad we can't afford those millions in campaign contributions like these lenders so they can continue their underhanded tactics unabated. What a joke, but I ain't laughin'. Sorry for the outburst but I've just about had it with this whole farce.

    Comment


    • #3
      Lying in Wait Post BK Discharge

      Sounds like they _are_ violating the automatic stay by doing what they
      are doing and that you may have a lousy attorney. You might want to talk
      to another BK lawyer for advice on this. If they violate the stay, you
      do have the right to seek compensation from them.

      J.

      Sharon wrote:
      How are these lenders allowed to get away with this stuff? Never late on mortgage until we filed BK 7 and were told to stop paying and informed trustee house is being given up. One lender gets relief from stay; another doesn't and keeps sending bills (with disclaimers re: stay on the bottom. We're not violating it even though this looks like a real bill with late charges and everything--and now we'll add back taxes and insurance to what you owe us--but we're not violating the stay); number three is silent throughout. As soon as the discharge: lender #1 starts adding delinquencies to credit reports every month, #2 claims we had a late payment (never!) and #3 joins the ranks only after receiving an addendum to foreclosue papers from lender #2. Bk lawyer says "sorry, after discharge I have nothing to do with this". Neither, it appears, does anyone else. Try to get a lawyer interested but guess there's not enough money involved on their end. Doesn't matter we are ruined, our house is lost and credit is trashed. There is NOBODY to protect the little guy anymore. They count on this and feel free to do whatever they want. Too bad we can't afford those millions in campaign contributions like these lenders so they can continue their underhanded tactics unabated. What a joke, but I ain't laughin'. Sorry for the outburst but I've just about had it with this whole farce.

      Comment


      • #4
        Lying in Wait Post BK Discharge




        "John" <[email protected]> wrote in message
        news:[email protected] ink.net...
        Sounds like they _are_ violating the automatic stay by doing what they are doing and that you may have a lousy attorney. You might want to talk to another BK lawyer for advice on this. If they violate the stay, you do have the right to seek compensation from them.

        I don't know. If she has a discharge, the automatic stay is over. I am
        not sure what she would expect an attorney to do, either. Our office does
        handle cases like this where people are having problems with credit bureaus
        post bankruptcy but a) it obviously requires a separate fee and b) has
        nothing to do with the bankruptcy filing itself. So I understand why her
        attorney is saying he or she can't do anything at this point...not all
        attorneys want to get involved in credit reporting disputes.

        I also don't understand what Sharon means when she says one mortgage lender
        is adding back taxes and insurance (thus "violating" the stay)...I thnk a
        lender has every right to do that, to add these charges to your balance,
        especially if they have paid them for you are part of your escrow agreement.
        Why shouldn't they list them if they paid them for you?

        I feel bad that Sharon is upset, but her complaining about the little guy
        and campaign contributions really doesn't get to the heart of the matter-
        she made the conscious decision to file, and now her credit is messed up. A
        not unforeseeable consequence.




        *****

        Rob Stumpf, Esq.

        Stumpf and Ginter, Attorneys at Law
        Practicing Bankruptcy in NY and NJ

        visit us at www.online-law-firm.com
        or email [email protected]


        Disclaimer: No email or newsgroup communication is to be construed to
        establish any sort of an attorney-client relationship, is not legal advice,
        and is not a replacement for the advice of a competent attorney in your
        jurisdiction.



        Comment


        • #5
          Lying in Wait Post BK Discharge

          So you think it's OK that a lender makes up a fake application,
          refuses to supply documentation to state investigators, promised us a
          bogus interest rate, actually insinuated that we lied to them about
          our house, put down a car we never owned and an income we didn't have,
          told us a monthly payment that ended up to be $200 more when the first
          bill arrived etc. etc.? A payment they knew we wouldn't be able to
          make. I can see them salivating over the house back at the home
          office. So it's OK that we take the rap and they get off scott free?

          And we are far from the only ones they have chewed up and spit out.
          When someone is responsible for 40% of foreclosures in the Chicago
          area, something is wrong, wouldn't you think? Would YOU take this
          lying down? I don't think so!


          [email protected] (K Kim) wrote in message news:<[email protected] com>...
          What do you expect soon after BK? Of course, your house will be forclosed and your credits will be ruined. They are the consequences when you decided to file BK. How can you expect anything else? Do you still expect a perfect credit rating after BK? No way! The fact that you were never late before your BK is really irrelevant. You have made the decision to file BK. Now it is the time for you to learn to live with the consequences and move on.

          Comment


          • #6
            Lying in Wait Post BK Discharge



            "Sharon" <[email protected]> wrote in message
            news:[email protected] om...
            So you think it's OK that a lender makes up a fake application, refuses to supply documentation to state investigators, promised us a bogus interest rate, actually insinuated that we lied to them about our house, put down a car we never owned and an income we didn't have, told us a monthly payment that ended up to be $200 more when the first bill arrived etc. etc.?
            Well, I was responding to a post of yours that lacked all of this detail.

            I have no way of knowing what happened between you and your lender...I am
            sure they have an opposite story...but that's why we have courts.




            A payment they knew we wouldn't be able to
            make. I can see them salivating over the house back at the home office. So it's OK that we take the rap and they get off scott free?
            All I said was that they have the right to list the money you owed them.

            And I might have also said that you should have known the bad-credit aspects
            of bankruptcy before you filed.


            And we are far from the only ones they have chewed up and spit out. When someone is responsible for 40% of foreclosures in the Chicago area, something is wrong, wouldn't you think? Would YOU take this lying down?
            You can take it lying down, standing up, or diving into a swimming pool. At
            this point, you are probably better off cutting your losses and moving on.



            *****

            Rob Stumpf, Esq.

            Stumpf and Ginter, Attorneys at Law
            Practicing Bankruptcy in NY and NJ

            visit us at www.online-law-firm.com
            or email [email protected]


            Disclaimer: No email or newsgroup communication is to be construed to
            establish any sort of an attorney-client relationship, is not legal advice,
            and is not a replacement for the advice of a competent attorney in your
            jurisdiction.




            Comment


            • #7
              Lying in Wait Post BK Discharge

              But the creditor is prohibited from filing negative credit
              reports post-discharge. All they can do is to put "included in
              bankruptcy". Anything else is, IMO, a discharge violation.

              --
              Brett

              ************************************************** ***************
              * Personal Injury/Malpractice Bankruptcy *
              * *
              * BRETT WEISS, P.C. *
              * Attorneys at Law *
              * Maryland, D.C. and Federal Bars *
              * [email protected] *
              * 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.
              ************************************************** ***************


              "Robert Stumpf" <[email protected]> wrote in message
              news:[email protected]
              "Sharon" <[email protected]> wrote in message news:[email protected] om...
              So you think it's OK that a lender makes up a fake
              application,
              refuses to supply documentation to state investigators,
              promised us a
              bogus interest rate, actually insinuated that we lied to them
              about
              our house, put down a car we never owned and an income we
              didn't have,
              told us a monthly payment that ended up to be $200 more when
              the first
              bill arrived etc. etc.? Well, I was responding to a post of yours that lacked all of
              this detail.
              I have no way of knowing what happened between you and your
              lender...I am
              sure they have an opposite story...but that's why we have
              courts.
              A payment they knew we wouldn't be able to
              make. I can see them salivating over the house back at the
              home
              office. So it's OK that we take the rap and they get off
              scott free?
              All I said was that they have the right to list the money you
              owed them.
              And I might have also said that you should have known the
              bad-credit aspects
              of bankruptcy before you filed.
              And we are far from the only ones they have chewed up and
              spit out.
              When someone is responsible for 40% of foreclosures in the
              Chicago
              area, something is wrong, wouldn't you think? Would YOU take
              this
              lying down? You can take it lying down, standing up, or diving into a
              swimming pool. At
              this point, you are probably better off cutting your losses and
              moving on.
              ***** Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email [email protected] Disclaimer: No email or newsgroup communication is to be
              construed to
              establish any sort of an attorney-client relationship, is not
              legal advice,
              and is not a replacement for the advice of a competent attorney
              in your
              jurisdiction.

              Comment


              • #8
                Lying in Wait Post BK Discharge

                The issue isn't that her credit is messed up, it is that it is
                messed up in the wrong way.

                --
                Brett

                ************************************************** ***************
                * Personal Injury/Malpractice Bankruptcy *
                * *
                * BRETT WEISS, P.C. *
                * Attorneys at Law *
                * Maryland, D.C. and Federal Bars *
                * [email protected] *
                * 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.
                ************************************************** ***************


                "Robert Stumpf" <[email protected]> wrote in message
                news:[email protected]
                "John" <[email protected]> wrote in message news:[email protected] ink.net...
                Sounds like they _are_ violating the automatic stay by doing
                what they
                are doing and that you may have a lousy attorney. You might
                want to talk
                to another BK lawyer for advice on this. If they violate the
                stay, you
                do have the right to seek compensation from them. I don't know. If she has a discharge, the automatic stay is
                over. I am
                not sure what she would expect an attorney to do, either. Our
                office does
                handle cases like this where people are having problems with
                credit bureaus
                post bankruptcy but a) it obviously requires a separate fee and
                b) has
                nothing to do with the bankruptcy filing itself. So I
                understand why her
                attorney is saying he or she can't do anything at this
                point...not all
                attorneys want to get involved in credit reporting disputes. I also don't understand what Sharon means when she says one
                mortgage lender
                is adding back taxes and insurance (thus "violating" the
                stay)...I thnk a
                lender has every right to do that, to add these charges to your
                balance,
                especially if they have paid them for you are part of your
                escrow agreement.
                Why shouldn't they list them if they paid them for you? I feel bad that Sharon is upset, but her complaining about the
                little guy
                and campaign contributions really doesn't get to the heart of
                the matter-
                she made the conscious decision to file, and now her credit is
                messed up. A
                not unforeseeable consequence. ***** Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email [email protected] Disclaimer: No email or newsgroup communication is to be
                construed to
                establish any sort of an attorney-client relationship, is not
                legal advice,
                and is not a replacement for the advice of a competent attorney
                in your
                jurisdiction.

                Comment


                • #9
                  Lying in Wait Post BK Discharge


                  "Brett Weiss" <[email protected]> wrote in message
                  news:[email protected]
                  The issue isn't that her credit is messed up, it is that it is messed up in the wrong way.
                  I don't disagree, but the issue becomes what she wants to do about it. I
                  think it's reasonable that if she wants an attorney to help her with this
                  problem, she needs to pay for that service. If she decides she doesn't
                  want to pay, she might be just as well living with the conseqences and
                  moving on. I don't see how her writing NG posts about the evils of campaign
                  contributions really helps much.


                  Rob Stumpf, Esq.

                  Stumpf and Ginter, Attorneys at Law
                  Practicing Bankruptcy in NY and NJ

                  visit us at www.online-law-firm.com
                  or email [email protected]


                  Disclaimer: No email or newsgroup communication is to be construed to
                  establish any sort of an attorney-client relationship, is not legal advice,
                  and is not a replacement for the advice of a competent attorney in your
                  jurisdiction.
                  -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * [email protected] * * 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. ************************************************** ***************

                  Comment


                  • #10
                    Small Claims court results

                    I have a friend who got hauled into small claims court for oweing a nsf
                    check so she claims. The court referee said she had to pay the claim.
                    However she read in a publication somewhere that while the small claim
                    courts can order her to make payment, it is still up to the person who
                    got the nsf check to collect and she does not have any money to pay;
                    thus she is not going to pay the amount due. Can she actually do this
                    and nothing will happen to her. She can pay $100 per month but the NSF
                    person wants $500 per month payment. Thus the squable.



                    Comment


                    • #11
                      Lying in Wait Post BK Discharge

                      To Mr. Stumpf: I am amazed at how my references to the real reason why
                      consumers will never be afforded justice or protection from these
                      predators--the huge money poured into Congressional coffers--seems to
                      bother you so. Hmmm.....
                      ***********************************

                      Loan Shark Attack
                      Rep. Bob Ney Battles to Protect Banks From You, the Pesky Consumer.
                      The Cleveland Scene

                      "The Predator Protection Act of 2003." That's the name Charles
                      Bromley, director of the Housing Research and Advocacy Center, has
                      given Ney's bill. "It'll let these guys continue to do what they do."

                      And in Cleveland, what they do is becoming a huge problem.

                      The scam works like this: Predatory lenders use pressure tactics,
                      confusing paperwork, and outright lies to make loans to people with
                      low incomes or tarnished credit. But the terms are often so egregious
                      that borrowers can't repay. Thus, their homes fall into foreclosure --
                      usually after their bank accounts are drained.

                      From 1995 to 2002, foreclosure filings in Cuyahoga County more than
                      tripled, rising from 2,200 to about 7,700. Stephen Bucha, head
                      magistrate of the county's foreclosure department, blames increased
                      borrowing, an up-and-down economy, and, most of all, high-interest
                      lending for what he calls a "huge increase in volume."

                      "It's like a cancer," says Cleveland Councilman Mike Polensek. "Every
                      year it's gotten worse and worse . . . Those empty [foreclosed] houses
                      can sit there for a year or three years" -- becoming eyesores at best,
                      crack houses at worst.

                      Even Ney's rural home county of Belmont, on the West Virginia border,
                      has seen foreclosures more than double since 1998....

                      In place of state and local regulators, Ney's bill would create a
                      15-member national board to write lending policies. But it would be
                      heavily stacked in favor of the mortgage industry, which would get 11
                      seats.

                      The logical assumption is that the board would create rules benefiting
                      lenders, not consumers. Ney's spokesman counters that the industry
                      members would come from different parts of the lending world --
                      mortgage brokers, realtors, insurers, etc.

                      Consumer groups say the bill heralds the beginning of the mortgage
                      industry's big push to install its brand of reform. The industry gave
                      $12.5 million in campaign contributions to federal candidates in the
                      2002 elections -- more than 10 times what it gave 10 years earlier.


                      Support for Bankruptcy Reform

                      Consumer Financial Services Law Report
                      Sep. 11 , 2002


                      Association of Community Organizations for Reform Now members
                      protested recently at the headquarters of MBNA Corp. in Wilmington,
                      Del. in an effort to raise awareness and to gain support for its
                      opposition of the bankruptcy reform legislation currently pending
                      before Congress.

                      ACORN chose to protest MBNA because as the world's largest independent
                      credit card issuer, with managed loans of 95.4 billion, MBNA is also
                      the leading contributor, according to ACORN, to congressional
                      campaigns among finance and credit companies. MBNA has given almost 4
                      million during the 2002 election cycle.

                      **************************

                      Um...get my point? The average person has no idea how much the cards
                      are stacked against him/her.

                      "Sometimes I think it's a sin, when I feel like I'm winning, when I'm
                      losing again."


                      "Robert Stumpf" <[email protected]> wrote in message news:<[email protected]>...
                      "Brett Weiss" <[email protected]> wrote in message news:[email protected]
                      The issue isn't that her credit is messed up, it is that it is messed up in the wrong way.
                      I don't disagree, but the issue becomes what she wants to do about it. I think it's reasonable that if she wants an attorney to help her with this problem, she needs to pay for that service. If she decides she doesn't want to pay, she might be just as well living with the conseqences and moving on. I don't see how her writing NG posts about the evils of campaign contributions really helps much. Rob Stumpf, Esq. Stumpf and Ginter, Attorneys at Law Practicing Bankruptcy in NY and NJ visit us at www.online-law-firm.com or email [email protected] Disclaimer: No email or newsgroup communication is to be construed to establish any sort of an attorney-client relationship, is not legal advice, and is not a replacement for the advice of a competent attorney in your jurisdiction.
                      -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * [email protected] * * 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. ************************************************** ***************

                      Comment


                      • #12
                        Small Claims court results

                        [email protected] (GoldenMan54) wrote in message news:<[email protected]>...
                        I have a friend who got hauled into small claims court for oweing a nsf check so she claims. The court referee said she had to pay the claim. However she read in a publication somewhere that while the small claim courts can order her to make payment, it is still up to the person who got the nsf check to collect and she does not have any money to pay; thus she is not going to pay the amount due. Can she actually do this and nothing will happen to her. She can pay $100 per month but the NSF person wants $500 per month payment. Thus the squable.
                        The Small Claims Court can grant a Plaintiff a Judgment, however it is
                        up to the Plaintiff to collect. The Court has no enforcement power
                        other than to grant an additional motion to attach other personal or
                        real property.

                        Comment

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