My letter to OCWEN

[etechjc]

Ill be sending this out certified mail to both the credit bureau and OCWEN, Before I send it out tomorrow, what do you think? To blunt, Not direct enough?

RE: Account ------
Account holder: ------
Property Address: -------

Dear OCWEN,
My wife and I were discharged in Chapter 7 bankruptcy on 04/02/2011, Case# ------- with the United States Bankruptcy court in the Western district of Missouri. The Loan that you acquired from Litton post discharge was included in this discharge. By attempting to collect on this debt , continuing to accrue late fees and interest, sending us statements, And reporting on our credit records you are in direct violation of the discharge injunction granted my Wife and I. You are also in violation of several “Fair Debt Collection Practices Act” Laws.

We are hereby disputing this debt. We are giving you 30 days to remove all trade lines from our credit reports and Cease and desist sending us any further statements and in general cease and desist any further collection attempt.

Please note that we are forwarding a copy of this letter with a copy of our credit report and all collection attempts to our attorney. We also sending a copy of this letter to the Trustee of out Bankruptcy estate. If you refuse to comply with our requests we will request our attorney file motion for sanctions against you (for violating the bankruptcy laws) in the bankruptcy court, and also file suit for damages in violation of both the FDCPA and United States bankruptcy law.

We are including in this letter a copy of out Discharge order, and the most recent statement you have sent us.

Signed,----

CC: His name, Attorney at law
CC: James Checkett, Trustee

[last2cents]

Just my 2cents....but I'd also copy your trustee.

[etechjc]

Thanks, I edited it to include that.

[ValleYum]

In the last line, you say "out Discharge". Did you mean "our Discharge"? Other than that, it looks and reads very well. Good luck with them.

[etechjc]

Oops Darn spell check doesn't compensate for dumb Thanks for pointing that out.

[ValleYum]

Oops Darn spell check doesn't compensate for dumb Thanks for pointing that out.

Not dumb - besides, that is why you have us!

LOL I wish I had a 'Damn You, Autocorrect' spellchecker! If you haven't ever been there, there are posts on that site that make me literally cry with laughter.

[LadyInTheRed]

I wouldn't bother sending a cc to the trustee. The trustee's job is to liquidate assets and distribute proceeds to the creditors. He has no power to do anything about a creditor violating the permanent injuction.

[etechjc]

I agree, I think Ill leave that out. Besides he will probably hear about it if I have to stick to my guns.

[HHM]

What was the debt for?

You should attach a copy of the discharge order.

[df04527]

Litton/Ocwen are for mortgages. I'm also not sure the FDCPA applies in this case to the original creditor. Some states, like Florida, have deemed the FDCPA also applies to OC's but not sure in Missouri. If not sure - leave that part off.

Edited to add that I would make it super simple and not cite laws. Believe me, these companies know what the laws are. I would simply say knock it off or i will persue legal remedies and send your case number and MAYBE i would send them a copy of discharge.

[HHM]

If it is for a mortgage, that is a secured debt and the lien survives. So long as the statements say, "this is not an attempt to collect a debt", they CAN send you statements. However, continuing to report late payments and what not, that is a problem, but to get them to stop, you will likely need to go to court.

Also, late fees and interest CAN accrue, they just can't take any action to collect, except foreclose the lien (or, eventually, if you ever decide to sell the house, you will need to deal with them at that point). Keep in mind, a discharge is merely an "injunction" against collecting a debt, it doesn't actually extinguish a debt. So, for secured debts, where the lien survives, interest and late fees can accrue.

[etechjc]

The debt was a second on a mortgage that has already been forclosed by the first. It was owned by litton loans, Then Litton turned around and sold it to OCWEN.
Technically, It is now a completely unsecured debt. OCWEN, While being a mortgage company is also a debt collector, they say it when you call.

I have been doing some research and I have seen case law where debt collectors have been charged for sending statements post discharge, Even with the quote of "For information purposes only". Also I don't remember specifics, But I remember reading that post discharge, ALL debt collectors have to stop accruing interest for all loans.

You are correct, They do know the laws better than I do. I will edit the letter to be a bit more vague. All that they really need to know is that I wish them to stop, and that I am going to hire an attorney to take action if they don't.

I do know for sure that sense they are not the original servicer of this mortgage and that it was sold to them post discharge that they have no legal remedy to report on our credit. And whats more they have no legal remedy to report on our credit along side Litton who already has a report on our credit, Not once but twice on each report, But that is another fight. Thus tripling the damage they are doing.

[etechjc]

What do you think now, More vague, Yet still to the point without spilling my lack of knowledge for the laws.

RE: Account ------
Account holder: ------
Property Address: -------

Dear OCWEN,
My wife and I were discharged in Chapter 7 bankruptcy on 03/30/2011, Case# ------- with the United States Bankruptcy court in the Western district of Missouri. The Loan that you acquired from Litton was after our bankruptcy was discharged thus creating a permanent court ordered injunction from any further collection activity. By attempting to collect on this debt, And reporting on our credit records you are in direct violation of the discharge injunction granted my Wife and I.

We are hereby disputing this debt. We are requesting you remove all trade lines from our credit reports within 30 days and Cease and desist sending us any further statements and in general cease and desist any further collection attempt.

Please note that we are forwarding a copy of this letter with a copy of our credit report, both before the discharge and after discharge, and all collection attempts to our attorney. If you refuse to comply we will ask our attorney to file motion for sanctions against you (for violating the bankruptcy laws), and also seek any and all other legal remedies that may be available to us to recover damages.

We are including in this letter a copy of out Discharge order, and the most recent statement you have sent us.

Signed,----

CC: His name, Attorney at law

[nohoneymoney]

We had to deal with a creditor For unsecured loan post BK discharge and used a simple letter and so far it seems to have worked. Here is the link: http://http://www.bkforum.com/showth...t-BK-Discharge (hope the link works).

In legal matters I have found short and direct works best.

[df04527]

I like it more vague. To the point...except I believe you meant to say "invalid" but i would actually drop that whole first sentence. It is obvious what you are disputing.