Can my mortgage company keep doing this?

[Amy26]

Ok, discharged in September... waiting for foreclosure on house. My mortgage company keeps calling me trying to collect money and asking me when I'm going to pay... they know damn well I'm surrendering the property. They also keep sending me past due bills every month... now saying I owe them over 9,000 dollars.

Everytime they call me, and its the same dude every time, I tell them I am never paying and to stop calling me asking me to pay....

They aren't allowed to do this right? Can I get them in trouble or something? I have spoke to the loss mitigation department a week or so ago and they apologized and said that the calls and bills would stop coming but like the very next day I got another collection call.

[justbroke]

Did you file with an attorney? If so, ask if he can write a letter demanding that they stop their "collection" activity as the debt was discharged.

[Amy26]

I did... I just sent him an email... we didn't close my bankruptcy on very good terms so I am not sure if he will do anything for me.

[dscurlock]

I am currently almost done with a short sale on the property..I keep getting calls also for payment, even though the bank already knows the shortsale is almost done, my agent says just ignore them..banks are fairly large, the right side of the bank, may not know what the left side of the bank is doing...it is likely they will still try to collect until there is a status change...in my case, they will try to collect payments until my status shows: home sold in shortsale...the collections dept may not know the full story
of what is going on, they are just doing what they are supposed to do until they
are otherwise informed...

If you have already been discharged..why fret? If you are clear,
I would not give them a second thought, if they call, refer them
to your case number, hang up, move on..

[Amy26]

LOL... thank you for the ...um...constructive critisism. I'm not fretting, but I don't feel like just hanging up and ignoring them.

I am also not short selling or anything of the sort to help them out. The more quickly I get them to realize that I will not be paying ever and the property is empty the faster I am hoping they will get their acts together. Every time I speak with them they say they are still in the "collection" stage as they haven't escalated it. So, perhaps I want to do more than ignore the situation.

I have an HOA fee of 250 dollars a month I don't feel like paying.

[DeadManCrawling]

At this point, I would involve the UST. He/she may be interested because this is a quite egregious violation. That means they stand to collect some money they would not otherwise see.

Give them a call and tel your story. They may sue the lender and win a fair amount of money. You won't see any of it, unless it is way over what you owed to unsecured creditors, but it WILL stop the harassment.

And give you a little emotional satisfaction.

Best,

-dmc