Mortgage transferred to another company AFTER Ch7? Trying to collect

[wtfafterch7]

We did a Ch7. Discharged 2 years ago. Not new here just lost my old sign on.

Mortgage with Citi was IIB. After Ch7 closed, we did a ride thru and made monthly payments. Never got sent another bill, just got statements- after making a payment. Citi was VERY aware they were IIB. Stopped making payments last June.

Now, 2 years post-close, and IIB, I find out that the loan has been sold to PennyMac, and they will now be servicing the loan. PennyMac has been sending me bills! I called them and told them the mortgage with Citi was IIB, and they had no right to try and collect money from me. I told them we were pursuing a short sale, just to try and avoid the pending foreclosure. (ex's idea). they said they had NO RECORD of the loan being IIB, or of our Ch7. Admittedly, when I was on the phone with them the first time, they asked me to send them my BK info, and I said no- look it up yourself- it's public record.

Since the phone call where I very clearly stated the info on the Ch7, I just received another bill today saying I am delinquent.

I don't know what is going on here, but I guess the first step will be to go ahead and provide my BK info. Why would Citi sell a mortgage that was IIB, and in foreclosure?

Anything else I should do?

Thanks!!

[Sweetpea3829]

Our IIB mortgage was also transferred from Citimortgage. We paid and stayed from 2007 up until last August. We had applied for a loan mod with them in April of last year. We'd never been late on the mortgage, even through the bankruptcy, but the payments were really difficult to make, particularly after I left my job in March.

Anyways, Citi strung us along for four months, promising several times that we'd be under a trial modification within another week or so, etc. In August, they declined a HAMP mod and an in-house mod on the basis that, because we'd never been delinquent, we were not at risk of default. And also because we had too much in liquid assets.

We stopped paying the mortgage that month...it went into default and in October, Citi transferred the servicing to IBM LBPS (which apparently is a dumping ground for defaulted mortgages).

The difference between your situation and ours is that LBPS acknowledges that the loan has been discharged in bankruptcy.

I'd contact your bankruptcy attorney and inform him/her of what's going on. He/she can advise you as to what you ought to do next...but likely, you'll need to send a copy of your BK discharge papers.

[shark66]

Since the phone call where I very clearly stated the info on the Ch7, I just received another bill today saying I am delinquent.

I don't know what is going on here, but I guess the first step will be to go ahead and provide my BK info. Why would Citi sell a mortgage that was IIB, and in foreclosure?

Anything else I should do?

Thanks!!

A nice one...gotta love the "too big to fail" crew...

That being said, send them your BK info via certified mail, return receipt requested, and see what happens. If they persist (which I doubt) with the claim that you owe them $$$, file a suit for violation of permanent injunction and they will be owing you $$$ in no time...judges have very little patience for that type of garbage.

My $0.02 only...

Good luck.

[cory1848]

My servicer tried this as well. I was just about drooling over the possibilities with this. I am with Wells Fargo and was serviced by Homeq. Homeq has since been bought by Ocwen. Apparently Homeq didnt transfer all of their files to Ocwen so no record of my BK was found. It took 3 phone calls and I got a very nice apology/this won't happen again. I was egging them on to report to my credit reports because that is where the real damages come in. Unfortunately it didnt get that far. I kind of felt bad for the CSR from Ocwen because I made her cry on the phone but I quickly got over that. Long story short, they first started sending me dunning letters with which I forwarded to my attorney. I called them and explained the whole BK situation. They didnt want to hear any of it. Told me they would keep trying to collect until it was paid. I told them, I hope you do and hung up. Couple of days later, another dunning letter and then the calls 4 times a day started. When I finally had a chance to answer I went off of this CSR. I told her if she doesn't stop this crap right now, I would be moving forward with a suit against your company and you personally would named as a defendant for violation of the BK recording. I couple of other choice words were said and then the sobbing started on her end. Wah wah wah... After that, I faxed them a copy of my BK dismissal and told them if I hear from them again, a suit would be in order. All I get from them now are monthly statements which I am fine with.

Up until that point, I had already won 3 cases in which the creditors tried to collect on a discharged debt. That put me in the positive of $2500. I was really looking forward to another grand in my pocket. It's amazing how quickly creditors will find lost paperwork, and also clean up your credit report once they are sued.

[AngelinaCatHub]

My servicer tried this as well. I was just about drooling over the possibilities with this. I am with Wells Fargo and was serviced by Homeq. Homeq has since been bought by Ocwen. Apparently Homeq didnt transfer all of their files to Ocwen so no record of my BK was found. It took 3 phone calls and I got a very nice apology/this won't happen again. I was egging them on to report to my credit reports because that is where the real damages come in. Unfortunately it didnt get that far. I kind of felt bad for the CSR from Ocwen because I made her cry on the phone but I quickly got over that. Long story short, they first started sending me dunning letters with which I forwarded to my attorney. I called them and explained the whole BK situation. They didnt want to hear any of it. Told me they would keep trying to collect until it was paid. I told them, I hope you do and hung up. Couple of days later, another dunning letter and then the calls 4 times a day started. When I finally had a chance to answer I went off of this CSR. I told her if she doesn't stop this crap right now, I would be moving forward with a suit against your company and you personally would named as a defendant for violation of the BK recording. I couple of other choice words were said and then the sobbing started on her end. Wah wah wah... After that, I faxed them a copy of my BK dismissal and told them if I hear from them again, a suit would be in order. All I get from them now are monthly statements which I am fine with.

Up until that point, I had already won 3 cases in which the creditors tried to collect on a discharged debt. That put me in the positive of $2500. I was really looking forward to another grand in my pocket. It's amazing how quickly creditors will find lost paperwork, and also clean up your credit report once they are sued.

LOL. Good for you. 'Hub