Trust Deed Payments rejected by lender because of bankruptcy filing
Posted: Tue Mar 02, 2010 4:32 pm
Chapter 7 debtor is the coobligee on a note and trust deed on ex-wife's home purchased during marriage. Debtor no longer on title, but still obligated on note. Ex-wife makes all payments timely. As soon as bk filed, lender refuses to accept payments from ex-wife returning them because the loan is "in bankruptcy". The lender of course refuses to speak with ex-wife, because lender's employees are not able to distinguish her as the borrower not in bankruptcy from her ex-husband who is the debtor in the Chapter 7 case.
Under what lawful basis, if any, can the lender refuse and return trust deed payments tendered to it on a loan that is current, just because one of the borrowers is a debtor in bankruptcy?
Mark Jessee
The post was migrated from Yahoo.