QUESTION
I filed for bankruptcy in August 2012 the mortgage company listed was wrong, now it’s finalized, what can I do to remedy?
Asked on Nov 05th, 2012 on Foreclosures - Florida
More details to this question:
I filed for bankruptcy in August 2012. I used a non-lawyer to prepare my documents because I could not afford an attorney. I just got my bankruptcy discharge but the Mortgage Company listed is not my current Mortgage Co. The one listed in the bankruptcy sold the mortgage to another bank just before I filed. I explained that to the guy preparing the documents but he said the previous bank is listed for the foreclosure so that is the bank he put in the bankruptcy. I am still getting notices from my mortgage company and they were not included in the bankruptcy, but my house was included in the bankruptcy, so I am worried that I may still owe them on the house! What should I do?
3 ANSWERS
Civil Litigation Attorney serving Federal Way, WA
at
Stasch Law LLC
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What many people think is the bank/lender isn't. The entity that is contacting you is most likely the servicer ( Collector of payments). Servicers are frequently changed. You need to find out who is the lender/beneficiary of the loan. If that entity wasn't included in your bankruptcy. You need to reopen the bankruptcy and add them.
Answered on Nov 08th, 2012 at 2:35 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It is the same debt and has been discharged. In circumstances like yours you do need an attorney.
Answered on Nov 07th, 2012 at 9:10 PM
Insurance Litigation Attorney serving St. Petersburg, FL
Partner at
Gallagher & Associates Law Firm, P.A.
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You get what you pay for. You really need to secure a licensed real estate attorney that deals with mortgage foreclosure. It looks like your house was not part of the bankruptcy, which means that your lender can file a foreclosure lawsuit to get the property back.
Answered on Nov 07th, 2012 at 8:56 PM