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Mortgage company sending statements after chapter 13 discharge

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Rednpewter

Junior Member
Hello, my Heloc was discharged when I completed my chapter 13 in 2014 (Florida). However, my mortgage company still sends me a monthly statement showing a balance but no payment due. Is this considered an attempt to collect a debt, which is a violation of the chapter 13 discharge?
 


Zigner

Senior Member, Non-Attorney
Hello, my Heloc was discharged when I completed my chapter 13 in 2014 (Florida). However, my mortgage company still sends me a monthly statement showing a balance but no payment due. Is this considered an attempt to collect a debt, which is a violation of the chapter 13 discharge?
Huh? There is no payment due - you said so yourself.
 

LdiJ

Senior Member
Huh? There is no payment due - you said so yourself.
Still, its a little questionable. I suspect that you are right and they can get away with it due to the fact that they are showing no payment due, but its questionable.
 

Zigner

Senior Member, Non-Attorney
Still, its a little questionable. I suspect that you are right and they can get away with it due to the fact that they are showing no payment due, but its questionable.
The billing likely (almost definitely) has verbiage on it reflecting the fact that it is NOT a bill and is NOT an attempt to collect a debt.
 

LdiJ

Senior Member
The billing likely (almost definitely) has verbiage on it reflecting the fact that it is NOT a bill and is NOT an attempt to collect a debt.
I think that its odd that they haven't written it off. It costs them money to continue to have it on the books and to continue to make mailings about it on a monthly basis.
 

Rednpewter

Junior Member
There's really no way I could answer that, as I'm not involved in the matter. Why don't you call them and ask?
Ok, well thanks to everyone else's help except yours. You've been objective in your responses since my original question. If you are that miserable you shouldn't have responded. I'm well aware that I can call them ,and have. I was seeking legal advice when I sought out this forum, not talked down to like a child.
 

Zigner

Senior Member, Non-Attorney
Ok, well thanks to everyone else's help except yours. You've been objective in your responses since my original question. If you are that miserable you shouldn't have responded. I'm well aware that I can call them ,and have. I was seeking legal advice when I sought out this forum, not talked down to like a child.
Rednpewter: "Why is this entity doing xyz?"
Anyone else in the entire world but the entity in question: "Ask them."


What other answer did you expect. There's no way in the WORLD that we can tell you why. We have NO KNOWLEDGE of the matter.

:rolleyes::rolleyes::rolleyes:
 

Rednpewter

Junior Member
Rednpewter: "Why is this entity doing xyz?"
Anyone else in the entire world but the entity in question: "Ask them."


What other answer did you expect. There's no way in the WORLD that we can tell you why. We have NO KNOWLEDGE of the matter.

:rolleyes::rolleyes::rolleyes:
What other reason would I receive a statement, if they're not trying to collect on the debt? I don't receive Christmas cards from them!
 

Taxing Matters

Overtaxed Member
What other reason would I receive a statement, if they're not trying to collect on the debt? I don't receive Christmas cards from them!
The problem is that there are all kinds of possibilities. The one that most readily comes to my mind is that their billing system is flawed and has not been programmed to suppress mailing out statements in this kind of circumstance, as prudence would suggest that the creditor do. Creditors are not perfect and these kinds of errors do happen.
 
No one has asked OP the correct questions. . .

OP, how did your Chapter 13 provide for the 2nd (HELOC) mortgage? Did it strip off the lien? Did it state you were going to continue to pay? What about your Schedule J? Was there a line item for the monthly payment? Without these answers no one can really guess as to why you are getting such "billings". If you do not know the answers pull out your Chapter 13 Plan and the Order Confirming that Plan and read through them.

Des.
 

Mikenflorida

Junior Member
I agree. There is not enough information..

No one has asked OP the correct questions. . .

OP, how did your Chapter 13 provide for the 2nd (HELOC) mortgage? Did it strip off the lien? Did it state you were going to continue to pay? What about your Schedule J? Was there a line item for the monthly payment? Without these answers no one can really guess as to why you are getting such "billings". If you do not know the answers pull out your Chapter 13 Plan and the Order Confirming that Plan and read through them.

Des.
More information is definitely needed. My home was included in my chapter 7 but I continue to pay the mortgage and my statement shows the amount due, but has the "Bankruptcy, not an attempt to collect a debt" type disclosure mentioned earlier. As to why they are sending bills, I can not answer that (again more info needed). The fact that there is no amount due makes them sending the statement is probably legal (depending on what your original BK stated, again more info needed).
 

quincy

Senior Member
Rednpewter, when you return, could you please answer the questions posed to you by despritfreya. Despritfreya is a bankruptcy attorney.

Thanks.
 

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