Stay question

[DFS]

well, when any debt collector called I did one of two things depending on my mood and what was going on.

First, if I answered the phone and they identified themselves as debt collectors and, in my case, they always said they were recording the phone calls (sometimes for training) I would answer each of their questions with, "is this still being recorded." I would never answer their questions with anything else - I would just "play" with them until they hung up.

2nd, I would say "great your are recording so I would also like to record for training and litigation purposes." Should have heard the silence. None of them said sure, but if they would have I would have taken my sweet time setting up the recording equipment and all the while be whistling in the background. Time is money to them.

Another thing that always amazed me (well, knowing what I know now it doesn't) is when you would never actually admit on the phone who you were. Some would say thanks and hang up, but others would continue with their "script" - ohhhhhh how I wish I knew then what I know now and documented those violations.

[WhoCares1000]

If it is an intention to deal with you regarding the reaffirmation of the debt, the letter will probably not be considered a violation of the stay. The courts have realized that in the situation of reaffirmation, the creditor was put in a bad position of having to worry about violating the stay while exercising their right to offer a deal for reaffirmation and as such, have ruled that such a deal is not a violation of the stay as long as the debtor understands that they can refuse the deal and the consequences for acceptance or refusal of the deal.

If the letter is anything else, such as a demand for the loan amount or a pre-foreclosure notice, then you have hard evidence of the violation of the stay.

In either case, take the letter to your lawyer as soon as you can after signing for it. Your lawyer should tell you how to proceed once reading it.

[upside_down]

It is a notice of default, and the letter states that if I do not pay the overdue balance within 30 days, they will accelerate the entire balance and foreclose.

The letter is dated November 3. I filed October 29. I imagine they will just claim that they didn't know about the BK filing.

[Denita]

The servicer might claim they were not notified, except that most of the larger mortgage servicers subscribe to a bankruptcy filing service that notifies them electronically (instantly) when someone files BK.

Still, bring this to the attention of your attorney so he can send the servicer the appropriate letter/notification again. If the servicer continues to violate the stay, you can still bring the creditor to court for sanctions. Don't let this sit... the servicer knows they have to file a motion to lift the automatic stay before they can initiate foreclosure proceedures.

[Methuss]

Originally Posted by upside_down

Also, I checked- Florida is a 2 party state. I cannot record.

Only if they are also in Florida. States cannot regulate inter-state communications. That is the pervue of the Federal government (in particular the FCC). The Federal law is single-party knowledge of the recording.

So if they are calling from another State, record all you like. The Federal law applies. And since Bankruptcy court is also a Federal court, you don't have to worry about some confused local judge that doesn't understand the difference.