My Ch7 was discharged in Feb 2012, where I stated I would give up the home. Both my primary mort anf HELOC were with the same bank (WF) and both loans were included in discarge.
They started Foreclosure, and I called the bank to see if a modification was posible. They said yes it was, even after BK, but that as a condition they needed a fax from me permanentatly revoking my "do not call" option. That would start collections call and skip tracing (ie, calling all my relatives anywhere in the US with my same last name!) and any other collections attempts.
I reiterated that the loans were discharged, and that a bank can NOT try to collect after discharge. The lady's reply was "even though the loans were discharged, you still owe us the money."
Huh?
I did not want to argue with her, so I asked if there was any way to authorize calls regarding mod, but not collections. She said no. I rephrased the question a couple times, to ensure there was no misunderstanding. I even pointed out the difference between collecting the debt vs. the lein. There was no way around the collections calls, per the person I spoke to.
I refused and said I would talk to an attorney.
Can anyone shed light on collections calls being a pre-requisite for modification after BK? Do we still "owe" money after discharge?
Any other tips on modification after Ch7 would be appreciated. While at filing time, I thought I would walk away from the home, now my finances have improved and I would like to keep it. It is also the only way I can own something without coming up with an entire down-payment.
thanks
They started Foreclosure, and I called the bank to see if a modification was posible. They said yes it was, even after BK, but that as a condition they needed a fax from me permanentatly revoking my "do not call" option. That would start collections call and skip tracing (ie, calling all my relatives anywhere in the US with my same last name!) and any other collections attempts.
I reiterated that the loans were discharged, and that a bank can NOT try to collect after discharge. The lady's reply was "even though the loans were discharged, you still owe us the money."
Huh?
I did not want to argue with her, so I asked if there was any way to authorize calls regarding mod, but not collections. She said no. I rephrased the question a couple times, to ensure there was no misunderstanding. I even pointed out the difference between collecting the debt vs. the lein. There was no way around the collections calls, per the person I spoke to.
I refused and said I would talk to an attorney.
Can anyone shed light on collections calls being a pre-requisite for modification after BK? Do we still "owe" money after discharge?
Any other tips on modification after Ch7 would be appreciated. While at filing time, I thought I would walk away from the home, now my finances have improved and I would like to keep it. It is also the only way I can own something without coming up with an entire down-payment.
thanks
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