Quick background: Chap 7 - discharged 8/09, waiting over 4 years for a foreclosure from BofA (not as long as Tobee, but still 
) Finally looked like it was going to happen in May 2013, but at the last second the 1st mortgage was sold to Green Tree Servicing and the sale was cancelled. We're back to square one with them.
We now get a monthly statement from Green Tree with the typical bankruptcy disclaimer "if you've been discharged this is info only etc."
However, we're still getting a monthly statement for the 2nd mortgage from BofA (they sold the 1st and kept the 2nd for some reason) and it does not have any bankruptcy disclaimer. It's asking for the normal payment and showing all the past due amounts. The only thing it says at the top is: "As of the date of this notice, our records reflect that your loan is past due for multiple payments. We are researching whether any of these payments have been made."
With no bankruptcy disclaimer, isn't this a violation of the stay? If so, does anyone have some good verbiage for a cease and desist or cease communication letter?
In more strangeness, BofA added a lawn mowing charge, vacant inspection fee and photography charge to this last statement. They didn't do any of those things when they had the 1st mortgage, but now that they only have the 2nd, they start with maintenance on the house? I'll never understand these banks.
Thanks in advance for any advice or info.
PS Our credit reports all show both mortgages as IIB so this is clearly an internal BofA thing.
) Finally looked like it was going to happen in May 2013, but at the last second the 1st mortgage was sold to Green Tree Servicing and the sale was cancelled. We're back to square one with them.We now get a monthly statement from Green Tree with the typical bankruptcy disclaimer "if you've been discharged this is info only etc."
However, we're still getting a monthly statement for the 2nd mortgage from BofA (they sold the 1st and kept the 2nd for some reason) and it does not have any bankruptcy disclaimer. It's asking for the normal payment and showing all the past due amounts. The only thing it says at the top is: "As of the date of this notice, our records reflect that your loan is past due for multiple payments. We are researching whether any of these payments have been made."
With no bankruptcy disclaimer, isn't this a violation of the stay? If so, does anyone have some good verbiage for a cease and desist or cease communication letter?
In more strangeness, BofA added a lawn mowing charge, vacant inspection fee and photography charge to this last statement. They didn't do any of those things when they had the 1st mortgage, but now that they only have the 2nd, they start with maintenance on the house? I'll never understand these banks.
Thanks in advance for any advice or info.
PS Our credit reports all show both mortgages as IIB so this is clearly an internal BofA thing.
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