We did not reaffirm our mortgage, are discharged and have decided to let the house go after trying to discuss modification to no avail with the lender (loss of income-50%) and house underwater by 50%.
Now they are calling to try to collect late mtg. payment. Explained that debt was discharged and they should not be calling. She said she could see that the BK was discharged, but she had no paperwork saying we had not reaffirmed. I said there is only additional paperwork to send if I DID reaffirm, since I didn't and you have the discharge info, that's all you get. She put me on hold.
She came back and insisted that she will continue to call, that the discharge didn't effect their right to call to collect the debt. I explained that she was violating the BK Discharge Order and there are legal remedies for me. She suggested I call my attorney, I suggested she call hers.
This should be interesting....
Now they are calling to try to collect late mtg. payment. Explained that debt was discharged and they should not be calling. She said she could see that the BK was discharged, but she had no paperwork saying we had not reaffirmed. I said there is only additional paperwork to send if I DID reaffirm, since I didn't and you have the discharge info, that's all you get. She put me on hold.
She came back and insisted that she will continue to call, that the discharge didn't effect their right to call to collect the debt. I explained that she was violating the BK Discharge Order and there are legal remedies for me. She suggested I call my attorney, I suggested she call hers.
This should be interesting....
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