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05-02-2006, 03:27 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 20
| | | Creditor sending invoices post BK
What is the name of your state? IN
In my BK I surrendered a rental property. The bank/mortage co. I had the property with, would send an invoice every now and then AFTER they were notified of the BK. They never called, just sent invoices for past due ammounts, maybe 3 times. Now, 10 months after my discharge (and yes the property was included in all the BK docs.) I have received 3 invoices (all for the same ammount) in the past 4 days. They all read just like I never filed BK, and still own the property. The property actually has a for sale sign in the yard by a local realator. I surrenderd the property 15 months ago. I am trying so hard to re-establish myself, and just keep running into walls like this one. What do I do now? I assume they are in violation, but who do I contact and what do I do to get rid of this? |
05-02-2006, 03:56 PM
| | Senior Member | | Join Date: Aug 2005 Location: St. Odo of Cluny Parish
Posts: 29,043
| | Quote: |
Originally Posted by luckygrnsixball What is the name of your state? IN
In my BK I surrendered a rental property. The bank/mortage co. I had the property with, would send an invoice every now and then AFTER they were notified of the BK. They never called, just sent invoices for past due ammounts, maybe 3 times. Now, 10 months after my discharge (and yes the property was included in all the BK docs.) I have received 3 invoices (all for the same ammount) in the past 4 days. They all read just like I never filed BK, and still own the property. The property actually has a for sale sign in the yard by a local realator. I surrenderd the property 15 months ago. I am trying so hard to re-establish myself, and just keep running into walls like this one. What do I do now? I assume they are in violation, but who do I contact and what do I do to get rid of this? | I surrenderd the property 15 months ago.
What do you mean? Did you sell the place? Did you sign a deed?
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05-02-2006, 07:34 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 20
| | | Gave it back to the bank/mortage company, they foreclosed on it. I willing gave it to them, and walked away from it. This was all in the BK docs, the trustee at the 341 meeting read that, recorded it etc.. They went through the whole legal process of foreclosure. I was instructed by my lawyer to write the mortage co. a letter informing them of my intention to surrender the property (which I did 15 months ago, when I first filled BK) |
05-02-2006, 07:55 PM
| | Senior Member | | Join Date: May 2001
Posts: 6,455
| | | I'd send a letter {CRRR} to the creditor stating that the property was IIB and the bk was discharged. Send a copy of the discharge letter and tell them to never contact you about this matter again. If they persist, talk with your lawyer. You may have a willful violation of the bk injunction. |
05-03-2006, 01:15 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 20
| | | I pre-appologize, but what is "{CRRR}" and "IIB"? |
05-03-2006, 01:40 PM
| | Senior Member | | Join Date: May 2001
Posts: 6,455
| | | Included in bk and, Certified, Return Receipt Requested. |
05-03-2006, 04:31 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 20
| | O, thanks for the clarification, makes sense now  | |
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