You're right. Some HOAs, and smaller banks, seem to act with impunity. I love it when they get spanked by the Court.
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AZ HOA gone wild !
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Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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And today - 18 months after discharge and 16 months after the trustee sale, we recieve a UPS Overnight mailing form the 1st mortgage lender looking to set up an appointment to discuss options to avoid foreclosure. I called the local office andd got the recording about an "attempt to collect a debt" etc. No dallar amounts mentioned but then again its safe to assume if you dont owe them money they dont send you these letters.
I'm tempted to threaten to re-open the case via certified mail perhaps subject to a consideration fee ?..... Thoughts ?
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Very strange. They think you still own the property? Have you checked the public record to see if it is in fact no longer in your name??Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Thanks for replying. I was hoping you would. Yes, the property has been out of our name for a year. I called the number on the letter they sent and before getting a human heard a recording stating " This is an attempt to collect a debt". As this action would go to the same judge, I think I need to wait until I get one more piece of correspondence. This lender from past expereince is unusually hard to contact by mail so I feel a letter advising them of their error would be futile. I spoke to a person at the number they wanted me to call and advised the particulars and the consequences of ignoring the call. I was met with junk responses.
I will re-open again with ne more piece of mail.
My concern is cross collateralization. I have 5 accounts with them. And BTW - they sold the property for more than the loan and we received the excess proceeds this past week. The HELOC lender and HOA did not file a claim. KaChing !
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Originally posted by BROKEDED View Postidainc - Any updates on this thread?
The loan has no cross collateralization clause from my reading of it. It's just soooo sloppy on their part. I also got a mailing about a program that will audit whether the foreclosure was done properly. That it was. So be it. Somebody had to take the $250,000.00 loss.
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