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Old 07-06-2009, 01:14 PM
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Join Date: Jul 2009
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Mortgage Collection Costs

I am writing because I have a mortgage where a Lender charged exorbitant fees in related to collection on a Note. The lender got then Note as a discount from my ex-wife where she didn't have the money so that he agreed to give her the money in exchange for her signing the rights over to him. He then notified me via phone that he planned on foreclosing on the property in which he planned to bid and eventually end up with the property because of the value of the property. I filed Bankruptcy. My creditor filed numerous motions in an attempt to get the Judge to lift the stay in which the Judge refused to lift the stay. Finally after 4 years in Bankruptcy my Creditor urged the Judge to dismiss the Bankruptcy Case in which my case was dismissed. My Creditor then immediately threatened foreclosure knowing I had no Bankruptcy protection. I was desperate and signed an agreement agreeing to make payments. Part of the agreement was that I was to have an independent CPA determine what is owed on the Note. I hired a CPA and the CPA determined that $100,000 was overpaid. I immediately notified my Creditor. He ignored my request and demanded an additional $180,000. He said that $60,000 were collection costs associated with the Note. My question is how can he call it collection when I was in Bankruptcy trying to confirm a plan to pay him and he would oppose my plans. He admitted that he wanted the Land and never made a demand for payment.
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Old 07-06-2009, 08:14 PM
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Join Date: Aug 2008
Posts: 651
You need to quit being foolish. Either find yourself a lawyer, or give him the property with stipulation that he cannot come after you for anything more. You will need a lawyer to protect you even in that case. Perhaps it would be better to just admit you behaved badly in trying to hide behind a bankruptcy when you had an asset to back up the debt. What did you expect to happen? That he would let you take his money AND that he'd let you keep the property?
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