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American Home Service Mortgage and TD Service
Stella:
We get so many clients that come in and the first thing they say is,
"My house was sold and I had not notice."
Usually they had filed a bk, the foreclosure was continued without any letter, and the debtor lost track of the sale.
My two cents is this type of letter has its virtues.
dennis
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, September 7, 2012 3:22 PM
Subject: RE: [cdcbaa] American Home Service Mortgage and TD Service
Will do. Also, Judge Tighe told me a few weeks about that the US trustee is looking for cases of creditor abuse. This maybe one of them
Stella
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Shannon Doyle
Sent: Friday, September 07, 2012 2:51 PM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] American Home Service Mortgage and TD Service
You might want to shepardize In re Peters (Peters v. Mason-McDuffie Mortgage Corp.). In that case the 9th Circuit District Court overruled the BAP said it is not a violation of the stay to postpone sales after the BK is filed. However, that case did not involve sending written notices to the debtor each month so if you shepardize it, you may find some distinguishing cases.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
http://www.blclaw.com/
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Leventhal Law Group, P.C.
Sent: Friday, September 07, 2012 1:46 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] American Home Service Mortgage and TD Service
I would think you could make an argument that the letter in done to intimidate the debtor in violation of the stay.
I would send them a warning letter that further correspondence of a similar nature would result. In an adversarial for a stay violation.
See if that wakes them up.
Jonathan Leventhal, esq.
Leventhal Law Group, P.C.
818-347-5800
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
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On Sep 7, 2012, at 1:42 PM, "Stella Havkin" wrote:
>Just postponing. I have no trouble with them postponing. I have trouble with them sending it by certified mail with a letter that sets forth about bidding and selling it to the highest bidder. This is not the actual notice of trustee sale. It is a brand new letter.
>
>Stella
>
>Certified Bankruptcy Law Specialist The State Bar of California Board of Legal Specialization
>Certified Consumer Bankruptcy Law Specialist The American Board of Certification
>
>
>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Leventhal Law Group, P.C.
>Sent: Friday, September 07, 2012 1:27 PM
>To: cdcbaa@yahoogroups.com
>Subject: Re: [cdcbaa] American Home Service Mortgage and TD Service
>
>
>Are they postponing with a new date? By setting a sale date that action could be considered an attempt to collect the mortgage in violation of the stay!
>
>Jonathan Leventhal, esq.
>Leventhal Law Group, P.C.
>818-347-5800
>
>NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
>
>This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
>
>Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
>
>Note: The Leventhal Law Group, P.C. does not represent you until a written fee agreement has been signed by you and a representative of the Leventhal Law Group, P.C. and all fees listed in the agreement have been paid.
>
>On Sep 7, 2012, at 1:23 PM, "Stella Havkin" wrote:
>
>>I understand it is for informational purposes. However, they are planning to send it to the debtor every month by certified mail. The point of being in a Chapter 13 is that you get a break from your creditors sending you information. AMHS appears to be harassing the debtor. I appreciate if they just send it to me and I put in the file. I am not affected. It is another if they are sending it to a debtor who is desperately trying to keep her home and then to keep getting certified letters threatening her with a continued trustee sale.e of action.
>>
>>Stella
>>
>>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Nicholas Gebelt
>>Sent: Friday, September 07, 2012 1:12 PM
>>To: cdcbaa@yahoogroups.com
>>Cc: ngebelt@goodbye2debt.com
>>Subject: RE: [cdcbaa] American Home Service Mortgage and TD Service
>>
>>
>>Dear Stella,
>>
>>I recently received a call from a Chapter 13 client with the same fact pattern. Unfortunately, I dont see what law is being broken.llect a debt. Its position is undoubtedly that it is sending the notice solely for informational purposes. Therefore, I dont see what the U.S. Trustee can do about it. If you think of a cause of action on which a suit can be based, please let me know.
>>
>>All the best,
>>
>>Nick
>>
>>Nicholas Gebelt, Ph.D., J.D.
>>Board Certified Bankruptcy Specialist
>>
>>
>>
>>Law Offices of Nicholas Gebelt
>>15150 Hornell Street
>>Whittier, CA 90604
>>Phone: 562.777.9159
>>FAX: 562.946.1365
>>Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>>Web: www.goodbye2debt.com
>>Blog: www.southerncaliforniabankruptcylawblog.com/
>>
>>We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>>
>>Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. at 562.777.9159 or e-mail info@gebeltlaw.comand destroy the original message and all copies.
>>
>>Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
>>
>>IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
>>
>>From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Stella
>>Sent: Friday, September 07, 2012 12:50 PM
>>To: cdcbaa@yahoogroups.com
>>Subject: [cdcbaa] American Home Service Mortgage and TD Service
>>
>>
>>I just got a certified mail notice of postponed trustee sale for a client in a confirmed chapter 13. She has been in a confirmed chapter 13 for the past 6 months. The debtor got the same letter. She freaked out. When I called TD, they told me that the lender is now requiring this notice to be sent to all Debtors and their attorneys in Chapter 13 cases. They are going to be sending this out every month because they are going to be continuing the sale all along. I know that they have the right to continue the sale for one year but something is terrible wrong with this type of communications. This appears to be some kind of harrassment of a debtor in a chapter 13 who is current on mortgage and trustee payments. I am going to report this to the US Trustee. Anybody else receiving anythinig like this.
>>
>>Stella Havkin
The post was migrated from Yahoo.
I'm almost certain I have seen case law that says this is not a violation of the stay, but I don't have the cite readily available.
I actually think its good to have notices of postponed sales because it keeps your client informed in the event the stay is lifted by motion or dismissal of the case.
Donna R. Dishbak, Esq.
Simon & Resnik, LLP
15233 Ventura Blvd., Suite 300
Sherman Oaks, CA 91403
Telephone: 818-783-6251
Fax: 818-783-6253
donna@simonresniklaw.com
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The post was migrated from Yahoo.
charset="UTF-8"
Just postponing. I have no trouble with them postponing. I have trouble with them sending it by certified mail with a letter that sets forth about bidding and selling it to the highest bidder. This is not the actual notice of trustee sale. It is a brand new letter.
Stella
Certified Bankruptcy Law Specialist The State Bar of California Board of Legal Specialization
Certified Consumer Bankruptcy Law Specialist The American Board of Certification
The post was migrated from Yahoo.
I understand it is for informational purposes. However, they are planning
to send it to the debtor every month by certified mail. The point of being
in a Chapter 13 is that you get a break from your creditors sending you
"information." AMHS appears to be harassing the debtor. I appreciate if
they just send it to me and I put in the file. I am not affected. It is
another if they are sending it to a debtor who is desperately trying to keep
her home and then to keep getting certified letters threatening her with a
continued trustee sale. I am going to think about it and see if I can come
up with some cause of action.
Stella
The post was migrated from Yahoo.
Dear Stella,
I recently received a call from a Chapter 13 client with the same fact pattern. Unfortunately, I don't see what law is being broken. There is no stay violation because the creditor is not seeking to collect a debt. Its position is undoubtedly that it is sending the notice solely for informational purposes. Therefore, I don't see what the U.S. Trustee can do about it. If you think of a cause of action on which a suit can be based, please let me know.
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Board Certified Bankruptcy Specialist
[Description: cid:image003.jpg@01CC076B.B14D73C0]
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
Web: www.goodbye2debt.com
Blog: www.southerncaliforniabankruptcylawblog.com/
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential, or otherwise protected from disclosure. Dissemination, distribution, or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please notify us immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the original message and all copies.
Representation Note: If you have not signed a contract of representation, the Law Offices of Nicholas Gebelt do not represent you, and this email does not contain any legal advice for you.
IRS Circular 230 Disclosure: In order to comply with the requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue code, or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
The post was migrated from Yahoo.
I just got a certified mail notice of postponed trustee sale for a client in a confirmed chapter 13. She has been in a confirmed chapter 13 for the past 6 months. The debtor got the same letter. She freaked out. When I called TD, they told me that the lender is now requiring this notice to be sent to all Debtors and their attorneys in Chapter 13 cases. They are going to be sending this out every month because they are going to be continuing the sale all along. I know that they have the right to continue the sale for one year but something is terrible wrong with this type of communications. This appears to be some kind of harrassment of a debtor in a chapter 13 who is current on mortgage and trustee payments. I am going to report this to the US Trustee. Anybody else receiving anythinig like this.
Stella Havkin
The post was migrated from Yahoo.