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David Weilbacher, Esq.
David Weilbacher, Esq., Attorney
Category: Legal
Satisfied Customers: 335
Experience:  Criminal & Civil Litigation, Estate Planning, Probate, and Bankruptcy
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I was discharged under chapter 7 bankruptcy 4/20/09, my wife

Resolved Question:

I was discharged under chapter 7 bankruptcy 4/20/09, my wife did not file. Our loan on a second home was discharged in my case. I contacted the lender to surrender the property and provided account access authorization to a realtor to sell the property if necessary. The lender acknowledged receipt of the letters and ignored the offers sent by the realtor. Their attorney sent me a letter "Rescission of Acceleration of Loan Maturity" and turned the loan over to FANNIE MAE who retained Seterus, IBM Lender Business Process Services, Inc., whose attorney, Barrett Daffin Frappier Turner & Engle, LLP, was the same attorney the previous servicer used, and they started the demand process again. I notified Seterus that I had file chapter 7 and they sent me an application to apply for deed in Lou of foreclosure which was denied. The FANNIE MAE foreclosure record extends my credit penalty beyond the ten year bankruptcy record. My homestead will be paid for in four years. I have repaired my other credit but cannot get a real estate related loan. This is damaging my livelihood. What recourse do I have? 


 


Does this apply?


Section 362(h) was added to the Bankruptcy Code to provide an enforcement   mechanism to protect a debtor from creditors who "willfully" violate the automatic   stay.  E.g.In re Solis, 137 B.R. 121, 129   (Bankr. S.D. N.Y. 1992).  Subsection (h) provides that:




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, punitive damages.



Submitted: 10 months ago.
Category: Legal
Expert:  David Weilbacher, Esq. replied 10 months ago.

David Weilbacher, Esq. :

Hello, my name is XXXXX XXXXX X’ll be happy to assist you. I need some additional information.

David Weilbacher, Esq. :

You filed for bankruptcy but your wife did not. Was your wife obligated on the promissory note for the loan?

Customer:

She was the secondary signature

David Weilbacher, Esq. :

Alright. That might explain the situation. Are the efforts to collect against you specifically, or your wife?

Customer:

both. I received letters separate from my wife.

David Weilbacher, Esq. :

Here is the problem you face.

Customer:

Both our financials were a part of the chapter 7

David Weilbacher, Esq. :

You can contact your bankruptcy attorney, and obtain a certified copy of your bankruptcy discharge. Present the certified copy of the discharge to them, and they will stop their efforts in regard to you. If they do not, you have a fair debt collection action against them.

Customer:

The foreclosure was finalized and property was sold Jan 2012. FANNIE MAE will not loan for 7 years after finalization.

David Weilbacher, Esq. :

Unfortunately, even though your joint financials were included in the bankruptcy, only your obligations were discharged, since your wife did not file jointly with you. Therefore, any debt that you were both obligated to pay, still applies to her. Your bankruptcy attorney should have explained that to you at the time of the bankruptcy filing.

Customer:

Not a problem. The problem is that the foreclosure show on my credit record.

David Weilbacher, Esq. :

Yes, the foreclosure will show on your credit report for 7 years, but it will also show the discharge in bankruptcy for 10 years.

David Weilbacher, Esq. :

So, your question is what can you do to have the information changed on your credit report?

Customer:

I trying to get rid of the foreclosure on my credit report and the FANNIE MAE record. I have already contacted the credit reporting agencies. I trying to get FANNIE MAE to correct their record.

Customer:

My homestead lender who I am current with will also not report my credit.

David Weilbacher, Esq. :

When was the foreclosure ordered? Not the sale, but the date of the order?

Customer:

2010 believe may be 2011

David Weilbacher, Esq. :

Why did it take so long for the property to be sold? Nonetheless, if your date is correct, then it is proper for the foreclosure to appear on your report until 2017 or May 2018.

David Weilbacher, Esq. :

You want Fannie to correct its record, but what is incorrect?

Customer:

We had sent in an offer from the buyer a year before he bought from FANNIE Mae

Customer:

Seretus would not communicate

Customer:

I hire two attorneys and neither could get anything done

Customer:

I have witnesses that the servicers ignored our good faith efforts to sell the property.

David Weilbacher, Esq. :

That's because you're trying to have accurate information changed on your credit report. If the information were inaccurate, you could get it change. But you're trying to have information removed because it is negative; not inaccurate. Even if there was a buyer a year before the sale was finalized, that would only change the reporting from 2017 to 2016 at the earliest.

David Weilbacher, Esq. :

I'm sorry, but I do not think there is anything that can be done under these circumstances.

David Weilbacher, Esq. :

I hope this answers your questions. If I can help further, please request me.


 


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Customer:

I appreciate your effort and will pay the fee. This is the same answer I received during the process and no one has addressed the collection action against me after discharge.

David Weilbacher, Esq., Attorney
Category: Legal
Satisfied Customers: 335
Experience: Criminal & Civil Litigation, Estate Planning, Probate, and Bankruptcy
David Weilbacher, Esq. and 8 other Legal Specialists are ready to help you

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