Personal Bankruptcy Contempt/ violation of my discharge injunction

[Tbonesteel01]

Jurisdiction

Connecticut

I believe my discharge was violated by a creditor for many years and reasons but not sure if I have a good contempt case against the accused it's a little complicated but in 2012 my obligation to the note on my mortgage was discharged in chapter 7 bankruptcy all though I understand it only takes away my personal liability to pay and the lean stays with the property. And for reason I kept paying my mortgage all those years because I needed to live somewhere and I never reaffirmed my debt and every month I received the mortgage statement explaining what I needed to pay there was an amount including interest and a due date and everything every time with a vague disclaimer saying we understand that you may have been discharged in bankruptcy this is for information purposes but it still made me feel forced to pay. Then when I got sick and got behind they threatened with Forclosure and hired an attorney and the attorney filed the Forclosure complaint against me because the headings on the court complaint had the mortgage holder name versus my name never mentioned that this action being brought was in REM only and not against the debtor the whole time the attorney knew my obligation was discharged but filed the Forclosure complaint anyway never including paperwork like an affidavit of ownership of the right to Forclosure or even how the owner claiming to have the right to foreclosure received the note that was discharged in chapter 7 bankruptcy but the note is the only paperwork there attorney filed with the Forclosure complaint to show standing without any type of endorsements or alongs or any of that well I believe that because they even filed a lawsuit against me personally asked for the judge to grant them all of the mortgage due and any shortage if they sold the property and didn't get enough to cover it without even mentioning my discharge to the judge or the court. I believe that the mortgage servicer and the attorney are both in contempt for violating my discharge injunction and the judge in the Forclosure complaint case was unintentionally possibly being persuaded to violate my discharge also because of there contempt and asking for the remedy that they asked for now I'm not sure if I have any case for contempt and restitution against them because during mediation I was basically I was forced to pay $30,000 to reinstate my mortgage and have the lawsuit dropped when I didn't even have to because there reinstatement figures were inflated and attorney fees are are not allowed either but all those payments I made in fear of losing my house each one is a violation so does anybody think I have a case here or what??

 

[despritfreya]

Unfortunately, I see no case here:

1. A discharge does not mean the debt no longer exists. It means that the lender cannot ask for payment. It is an injunction against collecting based upon the promissory note.

2. While the underlying loan may have been discharged the lien against the property passed through the Chapter 7 unaffected. The lienholder had (and still has) the ability to exercise its lien rights if payments are not voluntarily made.

3. 11 U.S.C. 524(j) and 12 CFR § 1026.41 authorize sending periodic statements despite a Discharge. They are "safe harbor" provisions.

4. Regardless of your health issues, a failure to service the debt gave the lender the right to foreclose since it still had a lien against the property. The lender simply followed state law to exercise this right.

5. Your "show me the note" argument is old and has no merit in 99.99999% of cases. A borrower does not get a "free home".

6. To stop the loss of the home through the judicial foreclosure process, you had to voluntarily reinstate the loan (bring the account current since there is a lien against the property). This amount included but was not limited to missing payments, late fees, interest, collection costs, attorney's fees and statutorily allowed fees. If you had not reinstated by voluntarily paying what was due, including all the fees, the foreclosure process would have been properly completed. Basically - No pay, no stay.

Des.

 

[zddoodah]

467 words with only three periods (plus the question marks at the end). That is unreadable (although I suppose the prior response suggests otherwise). Paragraph breaks would be nice too.