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Mortgage Company collecting on old mortgage debt discharged in bankruptcy.

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In 2004, my wife and I filed for a Chapter 13 Bankruptcy that was converted to a Chapter 7 and then discharged in 2007. My mortgage company, Magellan Home Loans, and loan servicer, Wilshire Credit Corp., were both notified on the certificate of service once the bankruptcy was discharged. Wilshire Credit Corporation extended an offer after the discharge to make arrangements to pay on the mortgage but after we were able to come to amicable payment arrangements we moved out of the house in June of 2008.

In July of 2008, the loan was transferred from Magellan Home Loans to The Bank of New York. One week later, the Bank of New York filed for foreclosure in my local court and in September of 2008 was awarded the order granting foreclosure and the sale of the house. They did nothing.

In December of 2010, the Bank of New York filed for foreclosure in my local court and in February of 2009 was again awarded the order granting foreclosure and the sale of the house. They did nothing.

In February of 2010, Bank of America took over Wilshire Credit Corp as the servicer of the loan and immediately started collecting on the debt.

In March of 2013, Bank of America's foreclosure avoidance department contacted me suggested I try a short sale or deed in Lieu on the house. In May 2013 and again in September of 2013, I had short sale contracts with Bank of America which they declined both offers on the house.

In June of 2013, the city obtained a lien against the property against me for lawn mowing services.

In April of 2014, I was able to get Bank of America to acknowledge the discharge of debt in bankruptcy and to stop collecting on the debt.

In August of 2014, Bank of America's foreclosure avoidance department contacted me suggested I try a short sale or deed in Lieu on the house again. Since the short sale did not work before and I had no interest in the house, I opted to attempt a deed in lieu this time. In November of 2014, Bank of America dropped the deed in lieu deal because of the lien against the house and their title company could not locate the original title to the property.

In November of 2015, Bank of America started changing Assignments of this mortgage dated in August of 2004, from Aames Home loan to FV-1, Inc and in November of 2006 from FV-1, Inc to The Bank of New York Trust Company showing that FV-1, inc had never owned the property.

In January of 2016, Bank of America filed more corrective assignments of security instruments with the courts to change the deed of trust from Aames home loans to the Bank of New York dating back to 2003.

In April of 2016, I received a notice of default and intent to accelerate from Bank of America.

In June of 2016, I received a letter from an Attorney stating that I had until the end of June 2016 to pay the outstanding debt, which now is 150% more than the original mortgage, or they will file for foreclosure.

I have email correspondence, monthly statements and all court documents showing what was going on through this entire fiasco. I don't wan't the house, we moved 9 years ago. I purchased a new house 2 years ago. Bank of America twice has filed for foreclosure and been given the order to foreclose and sell the house. Bank of America contacted me about short sales and a deed in lieu and those didn't work. I just want the house gone and out of my name. I don't know if this will affect my credit now. Their reporting that I was 120+ days late on my mortgage for 50 months made it difficult to get loans I needed and when I did get them, the interest rates were outrageous. I don't know if I have any recourse against Bank of America.




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Sub: #1 posted on Tue, 06/28/2016 - 23:51

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