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Teenameana

BofA sold mortgage to GreenTree..they are asking if we "intend to keep the house"

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Havent been on the forums in a long time.  Thanks for helping.  

 

My husband filed bankruptcy in 2004.  At the time we had a mortgage through Bank of America.  We kept the house and have steady made the payments.  We never had a problem until 2 months ago.  BofA suddenly sold our mortgage to GreenTree Servicing. GreenTree calls us the second we are 1 day late and they call 4 or 5 times a day.  They keep asking us if "we intend to keep the house" since we are in bankruptcy (again, bankruptcy was in 2004).  All of a sudden I'm scared to death.  It's almost like they WANT to foreclose on us.  BofA never harassed us like these people are.  Does anybody have any dealings with them?  We never reaffirmed the mortgage after the bankruptcy.  Should we do that?  What are our rights at this point? Thanks in advance....

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Is this Tina the goat lady?  :)  Long time no see.  

 

@Teenameana - I don't think there is anything you can do since this is an OC.  

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There's a few things you can do, you can reaffirm the mortgage after the bk, and look for another lender that you are more comfortable with. Send them a RASPA letter too. Also look at what you signed when you closed that contract is still in place. If you wanna keep it I think reaffirming it and another lender might help. Maybe consult a bk attorney, the one you did it with or another one, and a broker to change the bank. If you are worried by the calls just start paying on time so they don't have an excuse to call you, you can also send them a cmrr letter removing any consent to call you and placing your number on their internal do not call list, but that won't help if you later need to deal with them, you could also just do everything by mail, I do it that way is just better for paper trail, and law suits. But it really depends on what you wanna do.

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OC = Original Creditor as opposed to a collection agency or junk debt buyer.

 

You really do need to talk this over with a lawyer, because the BK laws changed somewhere in that time period.  There used to be an "automatic pass thru"...which meant as long as you continued to make payments, that particular item was NOT included in BK.  This applied mostly to houses and cars...secured items.  If you filed before the law changed, their question about 'do you intend to keep the house" is irrelevant.  But, on the other hand, you do need to stay cuurent with you payments...

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As I understand it you cannot reaffirm the mortgage now without petitioning the BK Court to reopen your case.  Reaffirmations require BK Court approval.

 

It sounds like you're doing what is called a "Stay and Pay".  Your debt was extinguished in BK but BOA kept the security interest in the house.  If you default by missing a payment the lender can foreclose.  Being late, even by 1 day could be argued to be such a default.

 

I understand times continue to be tough.  But you need to be very careful of Greentree and absolutely make all your payments on or before the due date going forward.  While you cannot reaffirm the mortgage now (and it wouldn't really help you to do so), you could try to refinance the balance which should save you on interest and get you out of the clutches of Greentree.

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You filed in 2004.  When was the bankruptcy discharged?

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Thanks for the replies. The BK was discharged in 2005. My hope is that next year I can dispute it off my husbands credit report and refi the mortgage away from GreenTree. The July payment is made and they still sent us a loan modification package in the mail wanting us to fill it out to see if we qualified for help. I threw it in the trash. We don't need help. I guess I just need to get it in my head that there's no grace period with them and to make sure it's paid before the 1st. Thanks again!

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