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Chase says they are "responding to query" re: stripped mortgage
Debtor, in a confirmed Ch13, sent me a letter she received from Chase in which Chase says they are "responding to your recent query" about the loan. Chase holds the stripped junior DOT.
Of course, the Debtor has made no such query.
This seems to me an obvious attempt to solicit the Debtor to call and discuss alternative (and almost inevitably inferior) treatment for the loan. Chase violates the stay while being thinly wrapped in the loophole of "responding to your query."
The problem I see is that I don't think I can win a motion for sanctions for violating the stay based solely on this letter because the judge will say it's plausible that Debtor contacted the creditor, or it's a mistake, or whatever.
However, there is zero chance that this is the only such letter out there. I believe I have seen or heard of these before. Has anyone else? Maybe there is strength in numbers -- together we can end this practice.
If you think this is worth pursuing please contact on or off board. Thanks.
The post was migrated from Yahoo.