They have sent me mod packets after I filed, does that violate the stay and every month they list it at auction and I have mult investors ringing my bell and going in my yard, does that violate the stay. I have tried to ask who I can talk to and after all these months they say no attorney has been assigned to my case
State/Country relating to question: California
The lender might have violated the automatic stay by sending you modification packets. This is exactly why they're so hesitant to talk to you about a modification on the phone when you call.
Did you list this lender (at the correct corporate address) in your initial schedules?
After filing the bankruptcy, did you tell the lender in writing or over the phone that they could send you modification packets? If you properly listed the lender in your schedules and never requested modification packets, they could well be violating the automatic stay. If you called and asked for the modification packets, they're in a gray area... if your attorney requested the packets, they'd probably be okay, but sending them to you without court approval when you're pro se... eh, I personally wouldn't...
Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Yes I sent to right address per SOS and I even had asked them to Not send me anymore mod packets but they did to antagonize me I think. Because they already had one fwd to them from prior servicers that I filled out 2 weeks before loan transferred to them. They never contacted me or returned my daily calls first 2 months they had loan and I was anxiously trying to get them because of NOD. They never sent letter of acceleration or contacted me per ca law. Finally I got someone and pardon my French but he was an asshole and had the nerve to say they never got my messages. I left numerous messages for the contact I was given in welcome letter, then he lied and said the person I was calling didn't work there anymore. I discovered that lie from customer service people in 4 diff recorded calls. They just want to foreclose. Is it a violation for them to be listing foreclosure auction every month while I'm protected?
Is it a violation for them to be listing foreclosure auction every month while I'm protected?
Very likely, yes. To clarify though, the bank never filed a Motion for Relief from the Automatic Stay at any point in your bankruptcy? This is a TON of post-petition collection activity.
You say, "This is a TON of post-petition collection activity." are u referring to lifting the stay because I went to a few bk hearings and there were over 40 cases in one day of banks trying to lift the stay . Well the 5th person today came by asking if I'm the owner because it's listed as active foreclosure, not postponed due to bk, on a website that investors use and foreclosing default co had to put it there. The law says its a violation if published unless it says postponed due to bk. this guy said tomorrow after auction it will most likely move to "postponed due to bk" but right now it shows as active so all these investors comin around assumed bk was discharged. Do u know if this is for sure a specific violation of auto stay? These guys are really breaking up my day. Last time it was scheduled I stayed at other house to avoid these all day interruptions that started with the doorbell early waking me up after being asleep only 3 hours
Assuming proper notice of your bankruptcy to the lender (which may be an issue according to what you've stated in other posts), this would appear to be a willful violation of the automatic stay.
Section 362 of the Bankruptcy Code provides in relevant part:
"(k)(1) ... an individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages."
The bankruptcy court has exclusive jurisdiction to award sanctions, so as a practical matter, a Motion for Sanctions would need to be brought prior to your discharge.
A Ninth Circuit case explicitly states that "emotional distress damages are cognizable," so you might be able to recover such damages stemming from the continued violations of the automatic stay. See the case link here: http://scholar.google.com/scholar_case?case=11421097793397543959&q=in+re+dawson&hl=en&as_sdt=2,10
I read that case thx. However on the day of the sale they say, postponed d/t bk. yet this am at 8, 8:30, and 915 investors rang my bell. I'm so tired from these past two mornings. I am a night person and go to bed around 5 or 6 am. They are relentless with the door bell and I didn't answer the 915 bell and as I was in bed I heard this kid jumping my fence. I went out back cussed at him and he ran and jumped back over. By the time I got my camera I only got pic of truck. They are listing it on foreclosureradar.com, priority. Posting. .com and other sites, and they say it's public info. Since its not a newspaper "publishing" is THAT a willful violation of stay? I have asked them not to post it and they say there are a lot. Of scammers out there and they didn't post it, yet there name and contact numbers show as the ones posting the sale. Do those Internet sites constitute publishing the sale or is the publishing limited to newspapers for the violation?
Hi there, I have gone through every question and answer and rated all that it will let me. Between yesterday and today I've spent an hour going through all emails and I believe they are all rated that will allow me to rate them. If not please specify which one and where, thanks and sorry for inconvenience...I understand
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