Expert: Terry Leeders - 5/26/2010

Question
My chapter 7 bankruptcy was discharged (accepted) about 6 months ago. All my debts have been erased except for one. Everything has gone fine except for one mortgage. Just before filling the bankruptcy papers, name of the bank changed from coast bank to first bank, or they were bought out. The bankruptcy filling papers had the old name of the bank but of course the correct property address. Now that bank is suing me. I told them about the mistake but they are proceeding. My bankruptcy lawyer says it is normal that banks in florida sue in order that the courts allow them to take posession of the property. The property is in Florida. She says it is normal procedure in Florida. I live in Maryland. She is not willing to talk about the matter any more with me. What are your ideas, suggestions etc.

Answer
Your lawyer is correct. the debt is discharged, but the lender can foreclose to transfer the title, since they retain a lien on the home.  Send the bank's attorney your discharge notice along with schedule A and D listing the home and the debt,and that should guarantee that they are not collecting on the debt, just seeking the title to be transferred.  Good luck.