I filed BK 7 in 2009 and never signed reaff on my house. I fell a couple payments behind last year and mortgage company refused payments then and Fannie Mae is the owner and another company is the servicer. I applied recently for a modification and they declined it and said need more information which is no problem but then they sent me a statement for payment. I guess I need to ask an attorney if they violated the stay by doing this. Has this ever happened to anyone else? they told me that I would have to provide all this information even if I got the streamline modification and everything I read on that says they just sent a letter to the homeowner and said to pay the certain amount and then it permanent reduces the loan and no other info required.
-
-
1. There is no "stay" if you received a discharge. There is an "injunction" to collect based upon the entry of the discharge order. However, sending a statement is not a violation of the discharge order based upon 11 USC 524(j) and I have no doubt that the statement indicates that is was sent for informational purposes only if you happened to have filed bk.
2. YOU requested a modification. The lender is requesting information to see if it can assist you in modifying the loan. If you cooperate maybe it will put you on a "trial period payment" while it pushes the loan modification through the process.
3. If you do not find a way to work it out with the lender and fail to make your payments the lender will take back its property - it will eventually foreclose.
4. It is your choice not to send the info requested for whatever reason you decide like "everything I read on that says they just sent a letter to the homeowner and said to pay the certain amount and then it permanent reduces the loan and no other info required". . It is the lender's choice not to work with you in obtaining a loan modification because you failed to comply with its request.
Bottom line. . . if you want to save your home by attempting to modify the loan you need to cooperate with the lender.
Des.
Comment