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On 3/30/2010, I was granted a discharge under section 727 of…

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On 3/30/2010, I was...

On 3/30/2010, I was granted a discharge under section 727 of title 11, US Bankruptsy code (chapter 7). I had a first and second mortgage at the time. I received a Hamp loan modification on the first mortgage and it was wasn't part of the discharge. The second mortgage was through Countrywide/B of A who refused to do modifications on second mortgages and so it was part of the chapter 7. Through the years, B of A has hired different debt collectors who send me notices. The newest debt collector, FCI Lender Services, Inc has begun to send threatening detailed letters informing me I have to pay over $42000 or they will begin foreclosure proceedings. I have been told the second lien is still there but I'm not obligated to pay it because of the chapter 7. If I sell the house it will have to be paid. Can the debt collector foreclose? At the end of all the information it states the letter is for informational purposes only and not an attempt to collect on a debt. If they can foreclose, why was I able to receive a HAMP loan modification?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

This was in Nevada.

Lawyer's Assistant: Has any paperwork been filed?

Notice states" to cure the deficiency in payment, avoid foreclosure proceedings, and reinstate your mortgage loan, you must pay $42,971.62." I have until 12/03/2017. If I wish to reinstate the loan, I must call them.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything else.

Submitted: 9 months ago.Category: Bankruptcy Law
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Answered in 5 hours by:
11/7/2017
Bankruptcy Lawyer: Law Educator, Esq., Attorney replied 9 months ago
Law Educator, Esq.
Category: Bankruptcy Law
Satisfied Customers: 126,847
Experience: Attorney At Law handling education matters.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Since the debt was discharged in bankruptcy, you need to inform the collection agency their actions are in contempt of the bankruptcy court and if they do not immediately cease and desist their action you will file a motion for contempt. You are correct in that the lien can remain, but the reason they cannot foreclose is because their mortgage is secondary and if they foreclose the first mortgage company gets paid first and there would be nothing for the second to get.

You also need to notify your first mortgage they are making these threats as the first mortgage company will put them on notice that they are entitled to collect before the second.

They can place the loan in default and they can leave the lien to be paid from proceeds of any sale, but they cannot foreclose and take the home since the loan was discharged as to you in bankruptcy.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Bankruptcy Law Question
Bankruptcy Lawyer: Law Educator, Esq., Attorney replied 9 months ago

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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