Case Management Conference?

[copernicus]

We're now one week shy of 18 months post discharge. Today we receive an envelope with 6 pages detailing our former mortgage company's filing for a "case management conference." The gist of this is they filed for the conference on April 8, 2011, didn't appear for it on August 9, 2011 due to a "scheduling error," and the judge "dismissed for want of prosecution."

Included in this packet is a notice of motion to vacate the dismissal listing them as the plaintiff. We, a second mortgage holder (credit union), the village we lived in, unknown tenants, unknown owners, and non-record claimants are listed as defendants. The packet was sent to my wife at our current residence by the mortgage company's representative (law firm). They have me listed as still living in the house for which they held the mortgage. We both vacated the house together, as we have been for 33 years, following our 341 hearing, had all utilities discontinued/disconnected, and notified the mortgage company. We have not been apart nor are we anticipating any separation. The mortgage company knows this.

We never heard a thing about the original conference before or until today and therefore did not attend to see the plaintiff also stood up the judge.

We have faxed all the paperwork to our BK attorney. I am asking about this here because I anticipate our attorney will not respond for several days. We've since moved out of state and it would be a 1,000 mile trip to attend any kind of hearing.

Some Google-ing has revealed that this case management conference might have something to do with the mortgager finally getting around to foreclosing on the house. Is this possibly the case? What affect does this have on us?

Thank you.

[tobee43]

did you list your mortgage in your bankruptcy? did you surrender the house, or pay and stay until you rec'd your NOD?

if you listed the house/mortgage on your petition and it was discharged, it sounds like your bank is fishing.

we were contacted by chase over almost 2 years later asking us what our intention was???? and chase said that WE had re-opened our loan modification. (NOT !) while we didn't receive a packet of info from them, they attempted to convince us that we should move back in.

well, we moved 1800 miles away and i asked them what is it about the word "surrendered" that they don't get. we attempted a loan mod for almost 2 years, actually were were about 18 months into the mod when we got served foreclosure papers, which in that state gave us 30 days to answer, we did not, but vacated the premises.

many banks attempt to contact owners after the discharge for a shot at getting you to sign something. i just can't believe your bank is asking you to sign anything that could reopen your case!! really what nerve!

best of luck, please let us know what your atty thinks, since i'm "guessing" since i can't see the actual papers.

[copernicus]

The house was listed as a surrendered asset in the BK. We surrendered and moved out three months before our discharge. They have set us correspondence several times since discharge concerning their requirement for insurance. We have spoke with their representatives many times telling them in no certain terms the house is theirs to deal with. I get the idea that they are so inundated with this kind of situation that all communication within their corporation is ineffective. We experienced essentially the same thing with the finance company that eventually took the travel trailer and with GMAC for the truck.

We now have zero debt, a bigger and better albeit older truck and travel trailer (no we don't use it for a residence) and now a shiny new zero interest C1 Mastercard. I have a good job I've been working for over a year now that pays just as much as my previous job. Every time something something like this pops up I think the bubble is about to burst and we're back to where we were 18 months ago.

Thank you for the response.

[tobee43]

The house was listed as a surrendered asset in the BK. We surrendered and moved out three months before our discharge. They have set us correspondence several times since discharge concerning their requirement for insurance. We have spoke with their representatives many times telling them in no certain terms the house is theirs to deal with. I get the idea that they are so inundated with this kind of situation that all communication within their corporation is ineffective. We experienced essentially the same thing with the finance company that eventually took the travel trailer and with GMAC for the truck.

We now have zero debt, a bigger and better albeit older truck and travel trailer (no we don't use it for a residence) and now a shiny new zero interest C1 Mastercard. I have a good job I've been working for over a year now that pays just as much as my previous job. Every time something something like this pops up I think the bubble is about to burst and we're back to where we were 18 months ago.

Thank you for the response.

well then, they are just shooting blanks and i'd tell them you are going to report them to the Office of the Controller of Currency: http://www.occ.treas.gov/

that will fix their butts!!!!

and while you at it go to the FTC site and file a report there as well!!! http://www.ftc.gov/bcp/edu/pubs/cons...dit/cre18.shtm

so glad to hear you're on the mend!