GMAC Mortgage Discharge Violation?

[yoyoma51]

Long story short, we have stopped paying our second mortgage with GMAC. They hold BOTH our first and second.

Our mortgage was discharged in Feb. 08 in our Ch. 7.

We are just starting to miss payments and are receiving "Payment Reminder Notices" from GMAC via e-mail.

They read:

"Dear Customer,

Our records indicate we have not received your current month's payment. If your payment has already been sent or if you have scheduled your payment for today, please disregard this notice.

To schedule your payment today, click here www.gmacmortgage.com to logon and select OnLine Bill Payment.

This is an automated message, we ask that you do not reply to this e-mail. If you have questions, please contact Customer Service at 800-766-4622 or visit us at www.gmacmortgage.com.

GMAC Mortgage
800-766-4622
WWW.GMACMORTGAGE.COM"


Is this legal? Is this not an attempt to collect from us on this discharged debt? Please advise.

Thanks for your input.

[AngelinaCatHub]

This is legal as you have been "paying through" (I assume). When you missed a payment the computer does not know you from "Adam". So do not be concerned and if you will not pay or do not wish to own the car, unless you reaffirmed, it will be repo-ed, and your note will be discharged. Hope this helps, but do not be critical of their efforts. It is a normal action. 'Hub


OK, let me back up before I post this. I am assuming a vehicle. If this is not so, please state this. If this is a discharged debt, still, I would not be too hard on them as the computer may not have been told the news. I leave you with this: ????? So clear this up please.

[AngelinaCatHub]

OK, I am seeing that GMAC was your mortgage. Forgive my misreading I can point to older age. LOL. Please see my previous post. Just call their bk department and tell them. Computers (like many people) do not think. 'Hub

[Flamingo]

The key here is you stated you just stopped paying on your second mortgage but said nothing about stopping payments on your first (also with the same mortgagor). Was your plan to keep the house but you are still having financial difficulties where you can't make that second mortgage payment? What you are receiving are just automatic payments reminders that are sent to everyone when they are late with any payment and since you have been paying until recently, you've received them.

[yoyoma51]

We are still paying our first and are upside down by approx. $20,000 on our home. That is roughly the blaance of the second mortgage.

We are hoping they will compromise or write off the second, but are worried they may foreclose since they also hold the first.

Any thoughts on this?

[StartingOver08]

Just because you have two loans serviced by the same lender does not mean that the lender is the same. Many of the loans were sold but the servicing retained.

Send a QWR (qualified written request) to your servicer to find out who owns the loan. Search on this forum for additional information on how to write qualified written request.

If your first is substantially higher than your second, and there is no equity to cover the second, it is extremely unlikely that the second will foreclose. The more equity you have, then of course the odds of foreclosure increase.

[hrh25]

Actually, i had not paid GMAC for almost 6 months and just got a letter via Fedex that they would like to offer me a chance to sattle my entire second with a lean release for $9,047 paid in full via certified funds. I did not even ask them for anything they just happened to send me the letter on thier own. My second mortgage was for $114,000, so they are willing to sattle for almost 8% of the loan value. I have not filed yet, so maybe they will sattle with you if you do not have any equity.

HRH

[pcn]

If you settle now, won't you have to wait a certain amount of time to file so it wont be considered a preferential payment?

[hrh25]

I am going to wait as along as i can, but i am not sure if this is the same because it is secured debt. I just feel it is a deal i can not refuse, because i can discharge the loan in chapter 7 once they sattle and not have to pay taxes on it and worry about having to file 13 to strip.

HRH

[junker]

gmac mortgage, which is also homecomings financial in florida, told me for 3 months they would work with me and do a loan modification. in fact when i filled out paperwork and sent it. a rep told me i was approved... but still they called everymonth for payments.. i was trying to sell house and when i had a buyer and escrow called for payoff after just 3 months of no payment they said they put it in forecloseure the day before...and said i did NOT qualify for the modification.. nobody in the three months of no payment called to tell me anything about not being approved....cost me over 1000 bucks for their lawyer to do absolutely nothing... because house sold and he had to do nothing...they are the biggest scam mortgage outfit i have EVER dealt with....