EMC Mortgage FORCING ME INTO FORECLOSURE I have written to EMC qualified written RESPA violations which they have ignored Lewisville Texas
In October I filed Bankruptcy and I was told that I needed to keep making my mortgage payments by my attorney. I realized that I would not be able to afford my mortgage payments due to the fact that I was placed in an unaffordable mortgage loan. I contacted a private company in New Jersey that deals with loan compliance issues.
As of January 16th EMC mortgage company recieved my qualified RESPA complaint and ignored it. They did not respond in the required 20 days. In fact their attorney has moved forward in the bankruptcy proceeding to have my automatic stay lifted so that they can foreclose. My bankruptcy attorney does not feel it's within the realm of bankruptcy to present my RESPA findings to the court. Thus as of March 11th I will have my automatic stay lifted and my home will be foreclosed upon even though I have a legitimate RESPA complaint.
Kd1r71
Las Vegas, Nevada
U.S.A.
2 Updates & Rebuttals
Kd1r71
Las Vegas,Nevada,
U.S.A.
RESPONSE TO REBUTTAL
#3Author of original report
Tue, March 11, 2008
I am in Chapter 13
Cdubman007
Renton,Washington,
U.S.A.
Is your bankruptcy still open/What chapter did you file?
#3Consumer Suggestion
Mon, March 10, 2008
First, what chapter bankruptcy did you file (7, 11 or 13 - these are only the most common chapters)? If you filed a Chapter 7 bankruptcy you should let your Trustee know your RESPA attorney's contact information as your RESPA claim is property of your bankruptcy estate and you have no authority to pursue it per the bankruptcy code. That may be why the mortgage company is ignoring it, becuase you are not the "real party in interest". Not that that waives the validity of the claim, but it will be a defense they claim should actually file the lawsuit.
Plus, not disclosing a claim could subject you to claims by the Trustee for non-disclosure of assets, including but not limited to revocation of your discharge in the Chapter 7. If your case is closed it can be reopened for the Trustee to handle this case for your estate. In addition, if the lender got relief from stay the Trustee can move to reimpose the stay pending the outcome of the RESPA complaint. Hope that helps. Contact your Trustee. Their job is to make sure you don't violate the bankruptcy code but also to protect you from creditors doing the same.