Expert: Creditwrench - 7/16/2008

Question
I filed for chapter 7 in December of 2005, discharge was in Feb, 2006 which included my home mortgage.  I had back property taxes due, the county foreclosed on the property in December 2004 and sold the property at auction in July 2005.

In late 2004, I vacated a house, I had to move for a new job after being unemployed for 1 year.  As a result of my unemployment I was behind on my mortgage and taxes.  Both the mortgage company and the county were foreclosing on the house at the same time.  Ultimately the county sold the house, so obviously the mortgage company never got the house.
As a result of this and other debt I filed for chapter 7, which was discharged in Feb, 2006.  Now over 2 years later, the mortgage company has served me with a summons and complaint seeking to recover on the mortgage.  My BK lawyer said we should do nothing, that it is just a formality.  If I do nothing, won’t a default judgment get issued?  I believe I should answer the complaint.  
Any help will be greatly appreciated!!


Answer
Just a formality? I'll believe that when I see pigs flying by flapping their ears. Yes, they will get a judgment and you will be stuck and yes, you should respond to the summons. But you should also go see the referee in your bankruptcy case and see if the court can't give you some help. I don't know a thing about bankruptcy but I've heard tha if a company tries to come after you once you have been declared bankrupt that it constitutes a contempt of court.

But regardless of all that you do need to respond and if you can prove that it was discharged in bankruptcy you would win and then you should sue them in federal court for misrepresenting the legal status of the debt. Make them pay you for the trouble they have caused them. Don't let them get away with this mischief. You would have solid ground to sue them in local court on top of that. Win the case in local court, come back and sue them in local court then sue them in federal court and make them pay dearly for their stupid tricks.
Bill Bauer
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