QUESTION

What can I do if the soverign bank collected on my discharged debt for those years?

Asked on Mar 29th, 2012 on Bankruptcy - Texas
More details to this question:
Soverign bank continued to collect a debt on my home loan that was discharged and a home surrender in 5-08.We have given them over 100,000 since then.I would like to try to collect some of my money back.
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6 ANSWERS

Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
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Contact your atty from the bankruptcy. They can file a motion to reopen and then file a motion/action for violation of the discharge injunction.
Answered on Apr 02nd, 2012 at 2:17 PM

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Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
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This question needs clarification. There would be no reason you would continue to pay on a debt already Discharged debt in Chapter 7.
Answered on Apr 02nd, 2012 at 11:26 AM

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Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
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The bank cannot collect on a discharged debt. But a mortgage lien continues after bankruptcy so if you paid them while you were keeping the home, and if you surrendered the home or it was foreclosed, the bank certainly can keep the funds from reselling the property.
Answered on Apr 02nd, 2012 at 9:49 AM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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Hard to imagine how you managed to pay that much money if you did not want to continue paying and now you are concerned about it after so long. While the personal liability for the mortgage/deed of trust is discharged in bankruptcy, the debt is still collectable if the bank wants to sell the house in foreclosure and get whatever the sale proceeds are received because it is secured by a lien (a deed of trust or mortgage) and the lien is not affected by the bankruptcy. I would guess that the bank will now claim that you paid voluntarily which you are allowed to do after bankrutpcy. I doubt that you can get it back but your situation is so unusual that you need to consult with an attorney who can review the documents and get all the facts.
Answered on Apr 02nd, 2012 at 8:59 AM

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Bankruptcy Decision Attorney serving San Diego, CA at Law Office of Daniel G. Shay
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Yes, that is a total violation of multiple laws.
Answered on Apr 02nd, 2012 at 8:58 AM

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It's not so simple. Was the "over $100,000.00" you paid to the bank paid before you surrendered the home? If so, the bank can consider it "rent" or a payment in lieu of posting the property for foreclosure. Also, if you paid the monies prior to 2008, you don't have a cause of action as the statute of limitations has expired. Did you voluntarily give the bank money? If so, and you continued to live in the property, I don't believe you will find a judge that would order the bank to refund the money to you.
Answered on Apr 02nd, 2012 at 8:50 AM

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