Quote: Confused said:
My note was discharged in Bankruptcy two years ago and then a year later after being forced into default my loan was transferred to new servicer (debt buyer ) who admits they are servicing for an investor. My loan number was changed and MERS changed my Servicer and Investor. I am not in foreclosure yet and reopened my BK with Adversary Proceeding to charge servicer with ignoring a court order and reporting on my credit report and wrongful collection under a new loan number . The new servicer now is suggesting we apply for modification it seems they prefer that to coming to court. I am pressing forward with the case at this point.
While I am unfamiliar with the facts of your case, which are best known to yourself, your assertion that your note was discharged in bankruptcy doesn't make a lot of sense.
Generally, mortgage debt is treated as secured debt, absent some finding by a Bankruptcy Court that the debt is NOT properly secured. Secured debt is NOT going to typically be "discharged" in bankruptcy, though unsecured debt often is.
It appears to me that you are confusing a bankruptcy discharge ending the bankruptcy case with a discharge of the debt, which would typically be incorporated into that final discharge order.
When your Bankruptcy case ended, it could be said that the case was discharged. The discharge order ought to have specified the status of the various debt subject to the court's supervision.
A debtor is usually afforded some protection against secured creditors during the pendency of the bankrutpcy case, as long as the borrower makes all current payments required under the debt instruments. So a borrower in bankruptcy able to make current mortgage payments throughout the bankruptcy proceeding can usually avoid a relief of stay and a foreclosure.
The pre-filing indebtedness is usually treated differently than the debt arising during the pendency of the bankruptcy proceeding.
Very often, corrupt servicers seek to come after borrowers for pre-petition arrearages and/or amounts that they belatedly assert were owed during the pendency of a bankruptcy action. But the servicer is usually bound by the provisions of a final bankruptcy discharge order.
This does NOT usually discharge the debt in full, but rather circumscribes what the creditor might claim.
You need to consult a capable bankruptcy attorney who can help you navigate these treacherous shoals. Go back and read the documents, transcripts and decision in the In Re Hill case. It was the false pleading of fabricated evidence by Countrywide to seek to charge the borrower for amounts expressly precluded by the discharge order that brought about the collapse of Countrywide.
Ms. HILL also got a FREE HOUSE at the end of the case.
Search the Forum for keywords Hill AND Countrywide to read additional information about this important case. Similarly, search Google using these same search terms.
Make sure that your attorney has read the In Re Hill decisions!