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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39155
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I am currently in year 3 of my personal bankruptsy. Chapter

Customer Question

I am currently in year 3 of my personal bankruptsy. Chapter 13. My original lender sold my mortgage. For the past 7 months, I have had to pay my attorney my monthly mortgage fee, because I can not get my lender to send me a monthly statement. What are my options? My mortgage includes my insurance and taxes.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  rayanswers replied 8 years ago.
Thanks for your question.You could contact them yourself and seek the information.They may or may not talk to you here since you are in the middle of bankruptcy.But you obviously need this information so be persistent. It shouldn't be that hard to get ofr either you or the paralegal.
Customer: replied 8 years ago.
We have tried that, and you're correct they won't talk to me. I just wanted to know if by law, my rights are being violated by not receiving notification monthly.
Expert:  socrateaser replied 8 years ago.



I was asked to step into this question.


The lender is afraid to contact you directly, because it may be construed as a violation of the automatic bankruptcy stay, which would open the lender up to a contempt order and damages for attempting to collect your debt.


This is somewhat a judgment call on the lender's part, because discussing the debt with you is not by itself a "collection" attempt under the bankruptcy code.


The botXXXXX XXXXXne is that the lender has the right to foreclose your loan, because of the bankruptcy. But, it can simply refrain from doing so, while your payments are current. And, as an artifact of the bankruptcy process, the lender has no legal obligation to communicate with you, because there is no longer an enforceable loan contract.


Hope this helps.


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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39155
Experience: Attorney and Real Estate Broker -- Retired (mostly)
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