Post Bankruptcy Loan Modification?
Over the weekend, I received a FedEx from BAC Home Loans Servicing, who sent me this:
I’m still trying to figure out if anyone at BAC really knows what’s going on. I got my BK discharge in February of 2010 and they’ve had a debt collector call me, who I told on the phone that the debt was discharged.
Now they send me a HAMP Modification package?
Oh, the irony.
By the way, I’m not going to fill this out and send it back. It seems to me that if I agreed to a loan modification, it could negate the bankruptcy discharge.
Why would I obligate myself by signing a loan mod agreement, assuming I’d actually get one? (I’d probably get one right away, now that I don’t really want one….)
Any bankruptcy attorneys out there who want to comment on the legality of signing this document post-discharge? I’m sure I’m not the only person this is happening to.
Oh, and be sure to read the second page of the FAQ’s where they say that they won’t foreclose if you comply with the terms of the program, and the last page with all of the FDCPA Disclosures. Apparently someone really believes that BAC Home Loans Servicing LP owns my loan. I doubt it.
Also, look at the BK disclosure on the same page that says “This is for informational purposes if you’ve been discharged in bankruptcy.”
Got questions? Send me an e-mail: christine@desertedgelegal.com
DISCLAIMER:
****CHRISTINE SPRINGER IS NOT A LICENSED ATTORNEY. THIS BLOG IS COMPRISED OF HER OPINIONS, OBSERVATIONS AND INTERPRETATIONS AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE. PLEASE CONSULT WITH AN ATTORNEY BEFORE RELYING ON OR TAKING ANY ACTION BASED ON THE INFORMATION IN THIS BLOG.****
