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15

May 2021

After Bankruptcy, are you getting your mortgage statements?

Posted by / in Weekly Posts /

After Bankruptcy, are you getting your mortgage statements?

After you file bankruptcy, you are still supposed to keep getting your mortgage statements.  But, are you?

We talked about after bankruptcy mortgage statements at the NACBA 29ths annual convention

This is the Dolphin Hotel, where the 29th annual convention of the National Association of Consumer Bankruptcy Attorneys was planned. But it was moved to the internet, because of covid.

This question came up at the 29th Annual Meeting of the National Association of Consumer Bankruptcy Attorneys.  (I’m at that meeting this week, which was supposed to be in Orlando, but it’s actually on the internet.)

The Dodd-Frank law says that your mortgage company is supposed to send you your monthly statement.  And the Consumer Finance Protection Bureau says that still applies even after you file bankruptcy.  (Unless you say you don’t want them.) See 12 CFR § 1026.41(a)(2) and §1026.41(e)(5). 

Lots of us bankruptcy lawyers, meeting afterward on Zoom, think our clients are NOT getting their statements.

I’m Gathering Info

If you have experience NOT getting your mortgage statements after bankruptcy, let me know. I’m gathering info for the leadership of the Consumer Bankruptcy Attorneys. We want to see if there’s a big problem; and figure out what to do.

Laura@robertweed.com is keeping track of this for me.  Also, you can contact me directly. Robertweed@robertweed.com.  Thanks.

Are your getting your after bankruptcy mortgage state? Our first reply.

While I was writing this, I did a test.  Along with scanning the Selene Finance mortgage payment to one of my clients, I asked was she also getting a copy, or am I the only one. (I routinely scan and send these statements out. But I didn’t ask that question before.) 

She replied instantly, “I never received any statement from them. Can I sue them?”

So, I told her, that’s a great question. It’s what we are trying to figure out.

 

 

 

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Robert Weed has helped fifteen thousand people file bankruptcy in Northern Virginia. Robert Weed is a frequent panelist and speaker at the meetings of the National Association of Consumer Bankruptcy Attorneys. He is one of Northern Virginia’s most experienced personal bankruptcy lawyers. As an expert on changing consumer bankruptcy laws, Robert Weed has been interviewed on local and national TV and quoted in newspapers across the country.

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