Originally Posted by arizonalover

How is it "weakly" to be argued ? If its in my pleadings anf in my final discharge then how is that a weak argument that it iwas included ? it ieither isnt or it is and it clearly was. But I could care less if they foreclose OR they sell the house - I dont care - let them do it - it isnt going to make me go back and catch up on the house, I dont want it anymore, flat out simple - but I just dont want to be hassled into anything else once its sold and I dont see how I can be if the hosue was included in BK ? Thanks for the reply but no they didnt reaffirm this on their own - each and every time up until the time I walked away from the home they would ask me "this debt has been included in a BK and therefore we are not attempting to collect a debt from you, etc etc, do you wish to keep the property?" (that was not only on the phone calls but also every peice of paper they ever sent me, including my monthly statements) at which time I usually answered yes, but when I answered NO they didnt know what to say back to me. They are the ones that told me in January that they would send me the deed in liew of foreclosure papers and they never did in spite of telling me that 4 times, the only time they finally brought up that they wouldnt do a deed in liee of, is after I had moved out and abandoned the property. And yes, this is showing up as a Chapter 7 BK on all my creidt reports as recent as last week and yes, tehy did sell the mortgage to one place and then THAT place again sold it 4 months later. So since Jaunary I have had 3 mortgage companies. And they never notified me until they had already done it - the new mortgage places are the ones that contacted me and said Hi, its a pleausure to be able to service your mortgage how can we help you ? Or some such garbage like that. I even asekd the new mortgage company why they would be so stupid as to buy a loan that was already in default and included in a BK ? The gal told me that blocks of loans were bought and sold all the time - I dont know about that, but it doenst make any difference to me why they sold it - just that I am being conned (or tried to anyway) into thinking that I am still liable for anything.

So bottom line - # 1 the mortgage was sold twice without my consent or knowledge til after the fact, # 2 the proptery is to be auctioned in 2 weeks # 3 - Wells Fargo (the original mortgage holder) reported this to all teh credit reporting agencies as being included in a BK Chapt 7

And yes my papers all say the same thing - the mortage was included and not reafirmed by me at the time of the Ch 7 filing and it was discharged.

My main problem is that I now live 1800 miles away - but I do still have all my paperwork - both the initial pleading and the final court papers that all say the same thing as well as my credit reports that show that Wells Fargo themselves report this as a BK included debt - I chekced with my attorney back then and asked him what would happen if I made the payments and lvied there and he said nothing, it was included in the BK and they couldnt get me out til I stopped payments - but it was included