Question about a letter

[nomore008]

I received a letter from the law frim representing the mortgage company in the foreclosure of our home.

They stated that they are trying to collect the lawyers fee's for the forclosure.
We surrendered our home at the 341, at that time we were 2 months behind. They were granted the relief of stay. However they were denied "adequate protection."

I have no money to pay these people.
Just need some insite into this letter.
I'll be calling my lawyer Monday morning!!

Thanks

[tobee43]

have you been discharged yet??

you owe NO fees and they are in violation if you surrendered your house in the bankruptcy....provided the trustee also released the estate and found no assets for distribution.

you give no time lines so it's difficult to tell if things just crossed in the snail mail...but if you surrendered and you're discharged they can never touch you for the deficiency and fees associated with the foreclosure....and if you still are not discharged the stay is still most likely in effect so this law firm serving you, is in violation and if you have any atty...you need to contact them asap...

[tobee43]

sorry...i just re-read your thread...you have an atty...just call them tomorrow and they will take care of it. i'm certain.

[tcreegan]

Hi nomore,

They can't even try to collect any fees or costs. Make sure they have a BK notice, then document everything they do and ask your lawyer to go to BK court and sue for damages + legal fees

But Im sure my brother Eds law applies here: never attribute to malice anything adequately explained by incompetetence...

Tom in Colo

[AngelinaCatHub]

Hi nomore,

They can't even try to collect any fees or costs. Make sure they have a BK notice, then document everything they do and ask your lawyer to go to BK court and sue for damages + legal fees

But Im sure my brother Eds law applies here: never attribute to malice anything adequately explained by incompetetence...

Tom in Colo

LOL.

It also is likely that the law firm is practicing a scare tactic, such as when you get a bogus email to give your identity. Some do so, and most do not. The few who do make the scammers a bunch of money. That law firm is practicing scams and would just plead ignorance of the bk. Most people will accept that and do nothing more. If your lawyer is 'sharkey' enough, perhaps you can sue them? 'Hub

[nomore008]

I email the paralegal today, haven't heard back yet about the letter.
However it also states that I have 30 days in which to dispute the validity of the debt or any part thereof. If I donot dispute it, they will assume to be vaild.

I am just worried.

[ccsjoe]

I would not worry. If you included the mortgage debt in the bankruptcy filing and did not reaffirm, then any obligation stemming from that debt itself is uncollectable. (Note: the previous sentence does not include debt assumed or incurred post-filing) The 30 day language in the letter is standard boilerplate bruhaha. Email your attorney (or send him, walk him, etc) a copy of the letter with your written note stating that the "law firm" (aka legal bozos) are in violation of your stay.

[tcreegan]

However it also states that I have 30 days in which to dispute the validity of the debt or any part thereof. If I donot dispute it, they will assume to be vaild

they can wait until the cows come home if they want to....discharged is discharged and trying to collect is a violation of BK code. Tell them to pound sand and it they keep it up you will go after them for damages + legal fees!!

Tom in Colo

[DebtEnder]

They will collect their fee from the bank. This was a default letter sent to everyone. Is it a violation, sure. Do they mean anything by it, no not really. I got the same thing on all 3 houses I gave up after BK. After the letter I never heard another thing until the demand for possession letter once they FINALLY got it to the courthouse steps. Got the 1099c letter with the lil box checked saying I was not liable for my taxes last year and that was that.

[nomore008]

I talked to the paralegal this morning and she said to give her a copy of the letter and she would have a little chat with them.

[nomore008]

After the letter I never heard another thing until the demand for possession letter once they FINALLY got it to the courthouse steps

.

How long did it take for them to demand possession?

[DebtEnder]

About a month for my primary residence. After that I still had another month before they started any court process. I was out before then. On the two rentals I never heard anything. On the 1st the county it is in had online records and I just looked up when the title changed. The other house had no online records. Back in August I saw it MLS listed for 60,000 less then I owed so I assume it changed hands some time before that.