[CLBS] (no subject)

Sarah Bratton sarah at martellelaw.com
Thu Oct 2 11:18:54 MDT 2014


I would first review the "collection notices"  in almost every instance I have seen this with mortgages there is a disclaimer in the letter that states "if you have filed bankruptcy,  this notice is not an attempt to collect a debt that was discharged in your bankruptcy and this notice is for information purposes only".

If that wording is in the notice advise client to ignore the notices. If that language is not in the collection notice then I would agree with Robin's approach. Warn them once, file for a discharge violation if they do it again.

Sarah Bratton





Sent from Samsung tablet



-------- Original message --------
>From Robin Long <RLong at foleyfreeman.com>
Date: 10/02/2014 10:58 AM (GMT-07:00)
To David Brown <attorneydavidbrown at gmail.com>,clbs at admws.idaho.gov
Subject Re: [CLBS] (no subject)


I would send a letter to Nationstar, with a copy of the order of discharge, and kindly remind them that they must comply with the discharge injunction or face the filing of a violation.

Robin Long
Foley Freeman PLLC
953 S. Industry Way
Meridian, ID 83642
P.O. Box 10
(208) 888-9111
(208) 888-5130

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of David Brown
Sent: Thursday, October 02, 2014 10:44 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] (no subject)



I have a debtor that filed around two years ago. They surrendered a home through chase and chase was properly listed as the creditor. Recently my client has started received collections notices from Nationstar mortgage to collect on the debt. After some research, I have determined chase sold this debt to nationstar AFTER my client's bankruptcy filing. I need a little advice as to how to handle nationstar please.
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