We had to let our TH go into foreclosure when we filed for BK last year (long story). Our BK was discharged 11/00. We filed the mortgage company so any deficiency would be discharged and the association for the TH subdivision. Today in the mail I received a deliquency notice from the management company representing the association. We have continued to receive statements even after we vacated late last year. I have called twice and explained that the TH was in foreclosure and to contact the mortgage company. I provided the mort. co.'s contact info as well as the attorney representing the mortgage company. I also supplied my BK attorney's name and number. My attorney has notified them through the mail as well. I called once again today and left a message stating they were discharged through the BK, that they are not supposed to be attempting to collect any assessments, that they have the info provided previously regarding the mortgage company. The management company called back and said that we are responsible for any assessments that have accrued since the BK was discharged and they could submit this to a collection agency and sue. I contacted my attorney's office after I opened the letter and was told they are in contempt of court by sending these notices to me and to fax the notice to my attorney. I promptly called the office again as soon as I received the voice mail message from the management office, but it was near the end of the day. My attorney's office said they would contact the management office by phone, but perhaps they could not get a hold of someone today. Can this go to collection for accrued assessments post BK with the TH being in foreclosure? I thought the Chapt. 7 discharge took care of this. Help!
The best thing you can do is to rely on your attorney to do his job. That's what you hired him for. If you think he is not doing the job well enough for you then fire him and go get you another one and go from there. If you want to do whatever yourself, then you need to make that decision, and do whatever yourself. But don't jump into the middle of what your attorney is doing for yoo as long as you have him retained. To answer your question more directly, yes, theassociation can turn it over to a collection agency, sue you do whatever they want. Making it stick might be another matter
Sounds like your attorney is doing his job. Get out of the middle of it. Don't respond to them anymore except to tell them to talk to your attorney. Forward any correspondence to him/her. There are federal penalties for this kind of thing, and your attorney knows what to do. Any attempt on the association's part to collect will fail, don't worry. They are just ignorant. They will learn. Sounds like you are in good hands - relax, and just stay in touch with your attorney.
I agree. Relax. This is called violating the automatic stay of the bankruptcy. It's a federal issue. It happened to me when a lender tried to collect on an account that had been discharged in a ch7 bk. I used the FCRA and BK violations for full removal of the tradeline associated with the account. I also got them to remove ALL collection inquiries as they hurt you. Their violation helped me. Their tradeline was the only one that had "included in bk" on my reports. This helped my credit repair efforts :_)
Thanks for holding my hand and keeping me calm. I called my attorney's office this morning and was told there is a call into the association management office, but no word yet. I do not want to involve myself any further. I just want my attorney to get nipped in the butt while it is fresh, not two years down the road when something suddenly shows up on my credit report for a collection. Marie - I just wanted to confirm. The BK was discharged in 11/00. This discharge still covers the accured assessments after that date? The TH did go to foreclosure and of course we have not lived there in a year. The foreclosure occured after the BK discharge, but both the mortgage company & association were included. The mortgage for any deficiancy and the association the same way. Thanks guys.
Me, too..I agree...let your Attorney work. Sounds like he or she is on the job! Looks like all will be fine!
