I can't believe it, the power of the discharge order is STRONG (citimortgage)

[okane]

I been staying and paying on my mortgage with US bank so far and have never been late. I marked the intention as reaffirming on the actual bankruptcy paperwork, but ended up not signing a actual reaffirmation agreement. I have always recieved statements every month during the bankruptcy process and there was was the bankruptcy language on it at first , but not anymore, its like a normal bill now without that bankruptcy clause. What can that mean? If I decide to walk away and stop making pmts now, can they come after me or sue me if I did not send a actual reaffirmation agreement?

[ValleYum]

I been staying and paying on my mortgage with US bank so far and have never been late. I marked the intention as reaffirming on the actual bankruptcy paperwork, but ended up not signing a actual reaffirmation agreement. I have always recieved statements every month during the bankruptcy process and there was was the bankruptcy language on it at first , but not anymore, its like a normal bill now without that bankruptcy clause. What can that mean? If I decide to walk away and stop making pmts now, can they come after me or sue me if I did not send a actual reaffirmation agreement?

My thought (*not* an attorney - just my .02) on why the language in your statement changed is because you are no longer under the protection of the automatic stay provision of the BK code *if* your bankruptcy has been discharged and closed.

From what I understand, no, they can not come after you for any part of the mortgage if you did not reaffirm it.

Did you ask your BK attorney?

[IBroke]

My thought (*not* an attorney - just my .02) on why the language in your statement changed is because you are no longer under the protection of the automatic stay provision of the BK code *if* your bankruptcy has been discharged and closed.

From what I understand, no, they can not come after you for any part of the mortgage if you did not reaffirm it.

That's correct, they can't come after okane.

However, your assumption that the mortgage is no longer affected under the automatic stay is not quite correct. The automatic stay is gone but is replaced by something very similar. In legal terms, once discharged and not reaffirmed, the automatic stay turns into a PERMANENT INJUNCTION. When it comes to sending out these statements, there is no legal difference between the two.

By dropping the notation "this is for info only..", they actually VIOLATED said injunction.

[CoBelle]

oops...wrong thread, sorry

[ValleYum]

That's correct, they can't come after okane.

However, your assumption that the mortgage is no longer affected under the automatic stay is not quite correct. The automatic stay is gone but is replaced by something very similar. In legal terms, once discharged and not reaffirmed, the automatic stay turns into a PERMANENT INJUNCTION. When it comes to sending out these statements, there is no legal difference between the two.

By dropping the notation "this is for info only..", they actually VIOLATED said injunction.

Suh-Weet!!! Thanks for the info clarifying the stay and permanent injunction, IBroke!!. I love learning about this stuff.

Oh! So when the VA Debt Management folks sent us a bill the other day demanding $ since they don't show DH in school this semester - that was bad of them, wasn't it? LOL We aren't even discharged yet.

[IBroke]

Suh-Weet!!! Thanks for the info clarifying the stay and permanent injunction, IBroke!!. I love learning about this stuff.

Oh! So when the VA Debt Management folks sent us a bill the other day demanding $ since they don't show DH in school this semester - that was bad of them, wasn't it? LOL We aren't even discharged yet.

You're welcome. It's actually quite easy: If the automatic stay would be lifted after discharge without an adequate "replacement", the BK-filing and discharge would actually be pointless. They could collect again - just as they tried when "forgetting" the info-notation on the mortgage-statement.