Ok deep breath...please clarify

[Phil]

Completed chapter 7. Case closed. Did not reaffirm first or second mortgage. Thought I would be able to stay in house but immediately after case closed, my mortgage went up again, income went down, and the basement flooded. I had enough and opted to let the bank foreclose, take the house back, and me move on with my life and rent. All has been calm and sooo much better. Knew the bank was in the process of foreclosing and received the foreclosure judgment today. It says in it it is from a debt collector and there is a judgment against me in the amount of $256000. But it was IIB and not reaffirmed. Is this typical foreclosure judgment language because it was IIB and not reaffirmed and now I feel nauseous thinking I have a judgment against me. I think I know the right answer (they can't collect, typical foreclosure language) but I am sick thinking about this. I know if they try to pursue, I can sue them (and would love to), but do I really have a judgment against me for that amount ????? shrugs:

[biotechsolution]

Send your mortgage lender the copy of the discharge and they will straighten it out.
However if it were me I'd play with the debt collector, getting information from them (name, addresses and amount on where to send the payments) only after getting all that I would
inform them that the debt was discharged in your chapter 7 and they are in violation of the permanent injuction and subject to sanctions. See how fast they hang up the phone.

The judgment should just be scare tatics, if you have a judgment against you, then you really do have a case.

[tcreegan]

Hi Phil,

If you really had a judgement, you would have been served with court papers.

If they pursue, send out an ironclad letter that they were notified of the BK and they are violating the discharge injunction, include the Bk notice w/ case # and file date. Send it certified return receipt requested.

Then if they keep it up, document thoroughly each occurence and when you have a half dozen or so it might be worth your while to take them to BK court. It will cost $$ to reopen the case, but if you win they have to pay these. Document all the time you waste on this, this will be the basis for your 'damages'

Good luck with this,

Tom in Colo