surrendered house and it foreclosed now they want the entire loan balance.

[puggymoo]

Our plan was confirmed earlier this month with no objections. House was surrendered and went to auction last week. Saturday we get a letter that they want the entire loan balance in a legal suit. Can they do this and change our term of the payments. We ar set for 48 months.

[RunningMan]

I don't think they can send you a collections letter at all, let alone sue you for it. They are violating the automatic stay. They need to file a claim with the bankruptcy court. Talk to your attorney.

[justbroke]

I would send this to your attorney. You would need to carefully read that letter and make sure it didn't have a "bankruptcy" disclaimer on the bottom (in small print). If the property is surrendered in bankruptcy, they cannot demand payment. That's a violation of the automatic stay (in an active Chapter 13), or the permanent discharge injunction (in a discharged case).

[helpme2010]

Dumb question, but did you actually file a bk or did you just let your house foreclose?

[free2breathe]

Plan was confirmed earlier this month, so puggymoo definitely filed

[puggymoo]

Boy do I feel stupid the paper It was a secured proof of claim. Our attorney is going to object to it since this was surrendered.