Posted on Feb 13, 2020

If you either lost or voluntarily surrendered a house in connection with a bankruptcy case in the past few years, you may have a substantial claim for money damages against your mortgage company. Why? Because some mortgage servicers, even after a discharge of debts in bankruptcy, will continue to call and send letters and monthly statements to people that have surrendered their homes, to try to collect their debts. 

This is a violation of bankruptcy law. The whole idea of bankruptcy is to get a fresh start, a clean slate. Once people have surrendered or left a house in a bankruptcy case, they don’t want to be harassed about it.

And the law doesn’t allow mortgage companies to continue to call or write people to collect a mortgage that has been discharged in bankruptcy. In some cases, mortgage companies have called former bankruptcy debtors dozens or even hundreds of times trying to collect!

Our law firm, in conjunction with another law firm that specializes in these matters, has pursued several cases against mortgage companies that violate the bankruptcy “discharge injunction.” In some cases the monetary recoveries for our clients have been substantial.

Some of the big mortgage servicers are Bank of America, N.A., Bayview Loan Servicing, BB&T, Caliber, Carrington Mortgage Services, Cenlar, CitiMortgage, Flagstar, Freedom Mortgage, Loancare, M&T Mortgage, NewRez, Ocwen Loan Servicing, Pennymac, PNC Mortgage, Quicken Loans, Selene Finance, Shellpoint Mortgage Servicing and Wells Fargo Bank, N.A.  

If you or someone you know has received collection calls or letters from one of these companies or others after you surrendered or lost a house in a bankruptcy case, contact our office to see if you may have a case. Contact Mr. Black or Ashley at 713-772-8037. Don’t delay, there are time limits within which you must file a claim.

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J Thomas Black
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Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization