Notice on Door from Mortgage Company

[dasmom]

This evening I found the following message on a door tag afixed to my front door:

"At the request of your mortgage company, an Independent Field Inspector called on you today. Please contact your lender at xxx-xxx-xxxx. Thank you"

Has anyone else received such notice while in Chapter 7? Can they contact me without lifting the stay?

Should I even respond?

Thanks,

dasmom

[tobee43]

dasmom....sorry you filing dates aren't up there...but aren't you in your 60 day waiting period for discharge...if i remember right...which may NOT be the case...however, if you are, you need to contact your atty first thing tomorrow, since if that is the case, whomever it was that came to your door was in violation if the stay is still in effect.

sometimes...not always some mortgage companies request the stay be lifted, however, most times they are denied until the waiting period has ended....where you ever notified by your atty that your mortgage company filed a motion to lift the stay???

[AngelinaCatHub]

So, what is a 'field inspecter?', is he like a farmer, outstanding in his field? I would ignore it. They have breached your stay if they have not gotten their lift of stay first. 'Hub

[dasmom]

Thanks for all of your responses. I checked Pacer and the mortgage company's attorney recently filed an appearance, but there is no Motion to Lift the Stay. I haven't received notice in the mail yet of the mortgage company's appearance.

The stay is still in effect.

So, it looks like they are in violation of the stay. My 341 is coming up within the next week or so.

I emailed my attorney and hope to speak with him tomorrow about this notice.

I'll let you know what happens.

Thanks for your support,
dasmom

[tobee43]

Thanks for all of your responses. I checked Pacer and the mortgage company's attorney recently filed an appearance, but there is no Motion to Lift the Stay. I haven't received notice in the mail yet of the mortgage company's appearance.

The stay is still in effect.

So, it looks like they are in violation of the stay. My 341 is coming up within the next week or so.

I emailed my attorney and hope to speak with him tomorrow.

dasmom

good!!! they i would not concern myself about that notice...i understand it's somewhat upsetting...but it's ok!...there was no motion filed.

[brokejoker]

Our mortgage company had an inspector from our home insurance company come out and inspect our property. I guess they wanted to make sure our house was intact and that we weren't busting out windows and doors and going to run for the hills. They only walked around the outside, they didn't come inside at all. They did send a letter after saying we needed to trim the bushes by the house. lol That was it.

[Pandora]

I wouldnt worry about it and I would say its NOT a violation of the stay - they're just checking to see if you're still there is all. They didnt demand payment or anything of the sort and will tell you they were required to come out and ensure you didnt abandon the property. All par for the course.

[tobee43]

I wouldnt worry about it and I would say its NOT a violation of the stay - they're just checking to see if you're still there is all. They didnt demand payment or anything of the sort and will tell you they were required to come out and ensure you didnt abandon the property. All par for the course.

i agree...they just like one of the PP says...wanted to make certain no burnt the house down...

but the trimming of the bushes is really funny in the scheme of the whole picture...i guess the bank just HAD to say something!

[johnnycakes]

My company used to do this type of field inspection. Typically it's ordered by the mortgage holder in either bankruptcies or when the loan is in default.

Our guys just did a visual check around the house and filled out a short questionnaire. Some clients also requested a picture of the property. We never asked for any payment. The only purpose of the inspection is to determine the current condition of the property - good, abandoned, destroyed etc. For some of the questionnaires we had to ask whoever was living there if they were the owner or a renter, if the electricity and water were turned on, any major structural issues. Only questions that had something to do with the condition of the property. We never actually went in the homes.

I assume if the property has been abandoned/being neglected the note holder could file an emergency petition in order to protect their asset. We also performed this service for other secured items like cars, equipment and boats. Since we never asked for any payments or even discussed the loan itself, I don't think it's really a stay violation.

[dasmom]

I assume if the property has been abandoned/being neglected the note holder could file an emergency petition in order to protect their asset. We also performed this service for other secured items like cars, equipment and boats. Since we never asked for any payments or even discussed the loan itself, I don't think it's really a stay violation.

@johnnycakes -- thanks for your response. I am still in the house for now. You mentioned "an emergency petition in order to protect their asset" - In the event I need to move before the foreclosure is completed - can you give me any details on what the granting of the emergency petition would mean?

Thanks.