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    Okay, Now We Feel Threatened!

    Okay,

    I know I posted about this two weeks ago.

    Our BK was discharged in July and closed.

    A man from our mortgage company called me (Bayview Mort). He said that our loan had been transferred to him because our stay had been lifted.

    He wants us to do a deed in lieu for the property.

    I explained to him that our private financial information was just that...private and that we would be willing to sign a deed in lieu with no strings attached, period.

    He then told me that I should consult my attorney because Indiana is a "deficiency state" and that they could garnish my wages and I could be held responsible for the remainder of the balance due after the sale of the home if there was an outstanding balance.

    I explained to him that I don't know what else you want me to say other than I gave up my home I lived in for 15 years. I had to file bankruptcy. I also explained that we were just getting to the point where we felt like we could move forward in our lives and that through our bankruptcy we had been relieved of the responsiblity of the debt on the mortgage. What more do you want from me. I also confronted him with my knowledge of the expense to his company for going through the whole forclosure process. He just laughed at me and told me to go talk to my attorney. He said as long as the house is still in our names, it's our property and they have the right to go after it, and that asking them to assume a loss through forclosure is not acceptable, and that he was prepared to pass this along to their attorneys if neccesary.

    We owed 81.000. I figure it might be worth about 70,000 now with the neccesary repairs and updates.

    Part of me is really angry, but part of me is scared.

    This is the LAST THING we need right now. We actually have a savings account established, my husband has gone back to work part time, we are actually living within our means and the stress is very minimal. Of course, my attorney's office is closed until monday.

    Any insight here?? What should be the next step? I told him I would call him back next week.

    Thanks you guys!

    TheBrokeCouple - Indiana

    #2
    Don't contact this person back or give any information until you talk to your lawyer to make sure everything is on the up and up. could be some sort of debt collector scam.
    Chapter 13 filed -8/12/04
    Plan approved- 7/11/05
    Date discharged--10-12-2007
    Date closed- 12/6/2007:yes2::yes2:

    Comment


      #3
      I wouldn't worry too much.

      I remember the Bayview Bull*** A*sHoles from 2004. They are a small company that loves to intimidate. They called me in '04 when I stopped paying on a rental property. I stopped paying because I had a pocket deal on it. It was going to close escrow in a few days.

      Anyhow, I assume no matter what state, your mortgage was a part of you C7 that you gave back to the bank. Any deficiency balance should not be your responsibility because of the C&. Sure they lifted the stay in order to start their foreclosure process, but you shouldn't be responsible for a deficiency balance.

      I hope others chime in here. I hate for yo9u to be discharged and have stress at a minimum, then this guy calls. I would stop talking to him, and simply call your attorney.

      DB

      Comment


        #4
        I don't think a discharged mortgage balance can be stuck to you in any way shape or form. Your attorney should definitely be interested in hearing about this.

        Comment


          #5
          Total BS!

          Comment


            #6
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

            Comment


              #7
              F__cker's....!!!! You know in your heart this is pure crap. Unfortunately it happened to you on Fri. and now your going to worry about it all weekend...But try not to, there is nothing you can do about it til you talk to your attorn. on Monday.. Listen to all these folks, they know what it is and so do you...please have a good weekend maybe just get really mad!! And know you'll beat this guy at his own game....Sorry for the fowl language but this just flipps my bick.

              Comment


                #8
                He doesn't have a foot to stand on.

                Take his information to your lawyer. Apparently he doesn't know anything as if you surrendered in a bankruptcy and thus did not sign a reaffirmation agreement you can't be held for a deficiency balance. He's trying to bluff you into paying him something.

                Take the information to your lawyer though as he is contacting you about a discharged debt.
                May 31st, 2007: Petition Filed by my lawyer
                July 2nd, 2007: 341 Meeting Held
                September 4th, 2007: Discharged and Closed.

                Comment


                  #9
                  If you end up having to talk to him( try not to) tell him to hold on a second and then tell him you are recording this conversation. This will scare him into doing things properly or running away from you if he does not have a leg to stand on.

                  Comment

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