Any chance my NOD is in violation of Permanent Injunction?

[ValleYum]

Stopped paying mortgage in October 2010 to attempt force Chase into modification of our mortgage.

Filed Chapter 7 in December 2010.

Discharged in March 2011.

Received NOD May 18, 2011.

On the bottom of the last page of the NOD, is this: "This is an attempt to collect a debt and any information obtained will be used for that purpose." There is none of the typical if you have filed bankruptcy then this is just an informational notice language.

Is this a violation of the permanent injunction?

I don't necessarily want to sue, I want to use it as leverage to get them to agree to accept a deed in lieu or perhaps to rent the house for a year from the bank for the current market rent in our area.

Thoughts?

[frogger]

No. This is nothing more than the "mini-miranda" that is required by law.

[ValleYum]

No. This is nothing more than the "mini-miranda" that is required by law.

Ok - thanks, Sir Frogger. One can always dream though, right? LOL

[debee]

This is interesting because the FDCPA is at odds with Federal Bankruptcy Code.

The FDCPA requires mortgage servicers to include the DVN/Miranda in certain circumstances. There is no exemption/exclusion under either law for this situation. To avoid liability, servicers have included explanatory language indicating that the Miranda language is federally required and that the DVN is given for "informational purposes only".

The FDCPA only requires mortgage services who are deemed "debt collectors" to include the DVN/Miranda notice and they're only considered "debt collectors" if they acquire servicing rights on a loan that's already in default.

If they're not a "debt collector", they don't have to follow the FDCPA requirements regarding the mini-Miranda.