What can I do about a second home foreclosure and harassing phone calls? 24 Answers as of August 25, 2011

I had a second home foreclosed. The bank sold the second loan on the home to another company. That company keeps calling. I cannot afford to pay them. I have been ignoring their calls. Now the debt keeps going up.

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
tell them to cease/desister from contacting you
Answer Applies to: Washington
Replied: 8/25/2011
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
You still owe the money. The Fair Debt Collection Practices Act provisions may stop some of the harassment.
Answer Applies to: Michigan
Replied: 7/22/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
If they are actively attempting to collect this debt, your best option may be to file Bankruptcy to stop collection of this debt. You should speak with a Bankruptcy Attorney to review the specifics in your case and make some recommendations.
Answer Applies to: New Hampshire
Replied: 7/18/2011
Engberg Law Office
Engberg Law Office | Harry A. Engberg
You have to pay the debt, set up a payment plan or file for bankruptcy.
Answer Applies to: South Dakota
Replied: 7/18/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
You could attempt to file for chapter 7 bankruptcy and have this debt wiped out if you can qualify for it. The debt on the home that you lost in foreclosure is something that they can continue to try and collect from you. They can continue to pursue a deficiency judgment against you and try to make you pay for the debt attached to that property for the second mortgage. Filing for bankruptcy would eliminate that debt, which sounds like it's been assigned to a collections company right now. You may also be able to either work out a payment plan them as well.
Answer Applies to: California
Replied: 7/18/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    As I understand your question, you are not in a bankruptcy proceeding, but your second home has been foreclosed and the creditor is dunning you for the deficiency. If the calls or abusive you can sue under the Fair Debt Collection Act. If the calls are just embarrassing and annoying there is not much you can do other than not answer, change your number, etc. Filing a bankruptcy stops all such calls.
    Answer Applies to: Mississippi
    Replied: 7/18/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    You may be able to discharge your liability to the second mortgage company and your other debts if you qualify. Please call to schedule a free consultation. Ted Theodore N. Stapleton, Esq. Suite 1740; TWO PACES WEST 2727 Paces Ferry Road Atlanta, Georgia 30339 ph- 770-436-3334 fax- 770-436-5398
    Answer Applies to: Georgia
    Replied: 7/18/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    File bankruptcy and be done with them.
    Answer Applies to: California
    Replied: 7/18/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    After foreclosure the foreclosing lender cannot collect additional money. A second deed of trust might be allowed to do so, depending on what type of loan it is. At any event, creditors are not allowed to harass the debtor after discharge.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Jackie Robert Geller
    Law Office of Jackie Robert Geller | Jackie Robert Geller
    Talk to a lawyer to determine if that second is actually collectible. Sometimes they're not.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    File bankruptcy. What other options do you have?
    Answer Applies to: California
    Replied: 7/18/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Second loans on forclosed homes are a big problem. The creditor will probably sue you for the balance of this loan. You have the option of settling with them or filing bk.
    Answer Applies to: California
    Replied: 7/18/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    You should buy a digital recorder, use it with a speaker phone and record a calls. Get detailed information about who is calling. Send me an email and I will give you a script to use. get as much information from them as you can about who they are and what they are collecting for. At the end of the call tell them you will not pay them and ask them what they will do about it. You may get lucky and they will say something inappropriate. Then you can sue them for damages.
    Answer Applies to: Texas
    Replied: 7/18/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    You can write a letter indicating that they should discontinue calling you about the debt and that if they do, it would be a violation of fair debt collection.
    Answer Applies to: Indiana
    Replied: 7/18/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You can keep ignoring the calls, you can try to negotiate a payment on the debt, or you can discharge the debt in bankruptcy.
    Answer Applies to: Colorado
    Replied: 7/18/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You may be able to discharge the debt in bankruptcy if you are eligible. You can also address the phone calls via various means. See a lawyer to determine what option will work best.
    Answer Applies to: Georgia
    Replied: 7/18/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    You can write them and tell them not to call. If this is a second mortgage on the foreclosed house, and they got nothing, they can collect unless you can prove they don't own the debt or you file bankruptcy.
    Answer Applies to: Virginia
    Replied: 7/18/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Bankruptcy is a possibility, or you can start tracking the calls, (date, time, what they say). Send them a letter, certified mail, return receipt telling them to stop calling you. Keep a copy of the letter for your records. If they call you after that you can sue them. They can sue you after that, they just can't call you. So beware.
    Answer Applies to: California
    Replied: 7/18/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    If you are not protected by Arizona's anti-deficiency laws then you could file bankruptcy.
    Answer Applies to: Arizona
    Replied: 7/16/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    You need to talk with an attorney to discuss your options.
    Answer Applies to: California
    Replied: 7/16/2011
    Law Offices of Iman Abouelazm, P.A.
    Law Offices of Iman Abouelazm, P.A. | Iman I. Abouelazm
    You may need to file for Bankruptcy protection to get rid of this debt and other debts you have. You can try to contact the creditor to negotiate a settlement with them. Otherwise, the Bank may obtain a judgment against you and proceed in collection action, such as garnishment or levy on your property.
    Answer Applies to: Florida
    Replied: 7/16/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Call a bankruptcy attorney
    Answer Applies to: Maryland
    Replied: 7/16/2011
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