Weltman, Weinberg & Reis Complaint: Taking/threatening an illegal action

#1653900 13 Nov 2015

Debt collection Mortgage

Complaint #1653900 submitted on 11/13/2015 relating to Weltman, Weinberg & Reis. Complaint relates to Debt collection Mortgage - Taking/threatening an illegal action Seized/Attempted to seize property.

Complaint was submitted via Web and sent to the company on Friday 13th November 2015.

Narrative (may be redacted).

Letter from LawyerWe have completed an examination of your bankruptcy case and spoken with our lawyer. It appears to us that the firm has done nothing which has injured you. Understanding our position requires some understanding of a complicated and, in some ways confusing set of laws relating to the bankruptcy and the real estate which you own. Your state has an exemption for a certain amount of equity in real estate. That is to say in a bankruptcy the creditors can not sell your residence to satisfy their judgment if you have less equity in the home than the amount of the exemption. The bankruptcy court can only order a creditor whose judgment has matured into a lien on your property to release that lien if you have equity in the real estate and that equity is less than the amount of the exemption provided under your state 's laws.
The problem here is that at the time of your bankruptcy you had no equity in the house. That is to say the amount of the mortgage was equal to or greater than the fair market value of the home. Under those circumstances the court can not enter an order to avoid the lien of the judgment. There was nothing that could have been done to get the court to do that. We attach hereto a copy of the Court 's opinion on our motion to avoid the lien which states what I have just told you.
While there was n't a motion filed during your bankruptcy to avoid the lien, the Court has made it clear that it would have denied such a motion in any event. This does n't mean that you still owe the money to that creditor. You do n't! The judgment and the debt are discharged. The creditor can not take any action against you to collect the debt or enforce the lien. You should be able to refinance your mortgage without worry merely by showing the lender that you received a discharge in bankruptcy.
I hope this is helpful and that you will be able to fulfill your economic plans in the future.

Servicemember

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