My Second Mortgage was Discharged Through Bankruptcy. Why is My Bank Still Contacting Me?
A Bankruptcy Discharge is a federal court order that erases a debt, such as a mortgage or second mortgage (Credit Line, Home Equity Line of Credit “HELOC” or Equity Loan). Any debt that is included on a Bankruptcy Discharge cannot show up on a credit report, and is NOT legally collectible, meaning that any attempt by a lender or other agency to collect the debt is illegal. If your bank (for example: TD Bank, Wells Fargo, Chase or Bank of America just to name a few) is sending you a bill for a debt that has been discharged through bankruptcy, it is a violation of federal law.
We Help Stop Bankruptcy Discharge Violations
There are several reasons you could still be receiving bills for your discharged debt. Your bank could be attempting to collect on your discharged debt by claiming that it was not covered by your bankruptcy discharge, or that they were not included on the discharge. They may have also sold your debt to a Debt Buyer (also known as a debt collector or collection agency), a company who buys discharged debts from lenders and harasses borrowers in an attempt to get money. In either case, we can help you.
We Get Paid Only If You Win
These practices are not only in violation of your Bankruptcy Discharge, but may also violate the New Jersey Consumer Fraud Act (NJCFA) and The Fair Debt Collection Practices Act (FDCPA). These infractions are not to be taken lightly. We will start by sending a letter demanding that your lender cease contact immediately. If they persist, we will bring the case in front of a judge. In these cases, our clients only pay on contingency: your lender will pay our legal fees.
Contact Us Today to Stop Illegal Debt Harassment
You should NOT be contacted about a debt that has been discharged. At the law firm of Ira J. Metrick, we help protect people from these illegal debt collection practices. Contact us today to discuss your case.
