Keep getting letters for house...

[megiepoo]

Hello,
My chapter 7 bk was discharge in Aug 2009 however I am still receiving letters from an attorney for "entry of judgement" on my foreclosure. My attorney has tried calling them multiple times & I have also tried calling with no response. My house was included in the bankruptcy, so now I don't know what I can do from this point.

[StartingOver08]

OP, are you talking about the final F/C judgement by the OC?

If so, that is part of the normal foreclosure process. Even though you have surrendered your house in BK (I think you have based on the wording of your post), the lender still has to proceed through the normal F/C process in order to wipe out jr liens and get the title back into their name. FYI, the tradeline would/should still read iib and zero balance on your credit report. The foreclosure action is a separate action that needs to happen independently of the BK, unless you can get the bank to accept a deed in lieu (not likely).

If I misunderstood your post, and you are keeping the house, then naturally you need to be current in your payments.

[megiepoo]

I don't think that this is a process for the foreclosure. Yes I did surrender the house in the bankruptcy & the letters that I am getting from the attorney are stating that I am being sued for $77000.00 & that they are a debt collector.

[StartingOver08]

That's a horse of a different color!

I don't think that this is a process for the foreclosure. Yes I did surrender the house in the bankruptcy & the letters that I am getting from the attorney are stating that I am being sued for $77000.00 & that they are a debt collector.

You are right, that does not sound like the normal F/C process. Is the $77k the deficiency amount? Since your attorney has tried contacting the lender, and the lender has not stopped their collection activity against you (including bringing a suit for the $77k after your surrender of the property); have your attorney take the collector/attorney to court for violation of the discharge injunction. Which lender is pursuing this discharged debt? You could end up with significant damages and your attorney fees would be paid by the lender/collector.

[megiepoo]

The $77K is the house, & their attorney fees. Wells fargo is the one that is pursing the debt.

[DebtEnder]

Have your attorney or if not him do it yourself but send them a letter certified return receipt stating that you have a permanent discharge injunction and this house was surrendered as part of your BK. If they do not cease and desist you will take them to federal court for sanctions for violation of the permanent discharge injunction. Have them respond within 5 days stating they will stop or you will assume they intend to violate a federal court order and will pursue them as such.

Wells Fargo needs to DIAF. I have seen them screw far to many people for me to have any doubt about this being an "honest" mistake.