Me and my ex-wife filed chapter 13 in 2007. We had taken out a second mortgage years prior, when we filed we added it in as we wanted to keep the house and was going to pay it back. During the filing process, the court uncovered that the second mortgage debtor never filed a lien against the property, so they wrote it off as unsecured debt. The second mortgage company somehow sold our loan to another company and as soon as the final payments were made to the chapter 13, we started receiving letters from this company. The letters are all the same, it looks like a normal bill as to what we owe. I told the original lawyer after they started coming and he just said ignore them, but we have received hundreds over the years. Do I keep ignoring them or hire an attorney?
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If the mortgage lien was not perfected and the debt was deemed unsecured there should be a court order or something official from your bk case that states this. Send it along with a copy of the Trustee's Final Accounting, a copy of your Discharge and a cease and desist letter to the holder of the note. Advise the holder that any further attempts to collect will result in the reopening of the discharged Chapter 13 and the seeking of an Order of Contempt for violation of the Discharge Order. Send the letter regular and certified mail. Keep a copy of everything.
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