QUESTION
Can the 3rd mortgage holder harass you for not making payments on time?
Asked on Nov 01st, 2012 on Bankruptcy - Michigan
12 ANSWERS
If the debt was discharged in your bankruptcy, then the creditor cannot contact you to collect the debt. If the debt was not discharged the creditor can still collect the debt. Creditors are not allowed to harass you. You could have a remedy under the fair debt collection act.
Answered on Nov 05th, 2012 at 9:10 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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Yes. Even if the third mortgage has been wiped out in a bankruptcy, the 3rd can choose to pursue the debtor on the note itself.
Answered on Nov 02nd, 2012 at 11:16 PM
If the mortgage was not stripped or discharged in bankruptcy and you are not making your payments on time, then yes they can.
Answered on Nov 01st, 2012 at 11:21 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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yes, if the payments haven't been made AND the automatic stay is no longer in effect which it wouldn't be once the case was closed * Question Detail: Already discharged bankruptcy first and 2nd mortgage. *- a mortgage is SECURED DEBT that appears on Schedule D .... secured debts are generally non-dischargeable; if you kept the property and continued to make payments on the 1st and 2nd mortgages, then you've basically reaffirmed that debt ......... however, if you decided to surrender the property and made that intent clear on the DEBTOR'S STATEMENT OF INTENTION, then you shouldn't be getting calls at all if the property was sold at short sale.
Answered on Nov 01st, 2012 at 11:18 PM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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If your third mortgage or trust deed was for a debt incurred prior to filing the bankruptcy petition, and you received a discharge, then that debt is eliminated and the creditor cannot even ask you for the money, much less harass you.? That's what bankruptcy protection is all about. If the debt was incurred after your bankruptcy petition was filed, then the creditor can ask you for payment but shouldn't harass you.? It could be a violation of the fair debt collection practices acts (one for California, one federal), which affords you good remedies. Why not call your old bankruptcy lawyer, who will know the particulars, and ask him or her about this?
Answered on Nov 01st, 2012 at 11:16 PM
Daniel James Wilson
3rd mortgage was discharged as well. Send them a copy of the Notice of Meeting of Creditors and Discharge Order.
Answered on Nov 01st, 2012 at 10:16 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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If you are in a bankruptcy, then they are in violation of stay. If you are post discharge, how do you have a third, it should have been discharged as well. Call your lawyer.
Answered on Nov 01st, 2012 at 9:30 PM
Did you owe the 3rd mortgage when you filed your bankruptcy? If so, then you discharged this debt along with the other debts in your bankruptcy. However, the 3rd mortgage company can still take steps to foreclose on you. Depending on what you mean when you say the mortgage company has harassed you, you may be able to obtain damages from the mortgage company for a violation of the bankruptcy discharge.
Answered on Nov 01st, 2012 at 8:38 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There may be a violation of the automatic stay. Consult with an attorney in your area.
Answered on Nov 01st, 2012 at 4:58 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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The bankruptcy discharge prohibits a creditor from contacting you and depending payment so long as they were listed in your bankruptcy. But, the secured creditor still has a lien on your home. If you want to keep the house then you need to pay all secured debts, or negotiate a settlement.
Answered on Nov 01st, 2012 at 3:42 PM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
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If you filed chapter 7, and agreed to maintain payments to the 3rd mortgage holder, they are entitled to contact you about missing payments.
Answered on Nov 01st, 2012 at 3:42 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Then the 3rd one should have been discharged if it was listed in bankruptcy.
Answered on Nov 01st, 2012 at 3:41 PM