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Mortgage Listed In Bankruptcy Then Sold To Another Lender After Plan Accepted

Discuss the legalities of Bankruptcy Law

Mortgage Listed In Bankruptcy Then Sold To Another Lender After Plan Accepted

Postby Parfait » Thu Jun 12, 2014 9:02 pm

I filed a chapter 7 in 2004.  There were two non-residence investment properties with mortgages on them.  These two properties each had a first mortgage that was listed in my bankruptcy schedule "D".  The mortgage company(that held both mortgages) requested the automatic stay be lifted to pursue foreclosure on these two properties and the court granted the termination of the automatic stay to the allow the mortgagee company "to exercise its rights under the Power of Sale provisions in the security deed".  The bankruptcy was changed to a ch13 and the mortgage company did not file an adversarial proceeding.  The bankruptcy plan was approved for the the only debts that filed claims.  Approximately six months later(and without my knowledge) the original mortgage company sold the loans to another mortgage company that eventually foreclosed on the properties.  This other company is now listing these accounts as collection accounts with very large outstanding balances.  I am told the debts are discharged pursuant to the ch13 because it was listed, the debt holder was notified but failed to file an Adversarial Proceeding claim in the bankruptcy, and the bankruptcy in now final and closed for several years.  The second company acts like they are not subject to the discharge.  What should I do?
Parfait
 
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