Legal Question in Bankruptcy in New Mexico

Judegment - post discharge

I did own real property when I filed for Ch. 7 four years ago. I did as part of Ch. 7 voluntarily surrender my property back to the mortgage holder. I have the bankruptcy court docs on this. The court did grant discharge on my Ch. 7 four years ago. I found out last year the mortgage holder (same one that has been in possession of house for 4 years per court order) has been reporting to credit bureau every month for past 4 years that house payment is in arrears. Mortgage holder starting calling and sending me monthly statements for 4 years worth of house payments. I found out that mortgage holder went as far as getting a judgment in Dist Ct. against me for total mortgage balance in 12/05. Question is - at this point what are my options with this mortgage comp.? I want my credit report fixed and for the judgment to be vacated and I think they should be disciplined by the court somehow for ruining my credit even further with malice (I think) and for wasting the Dist. Ct. time (on getting the judgment). Someone please help me. Oh, I do now live in another state so mortgage company got judgment in state where property is but sent statements to my residence in the new state.


Asked on 2/21/06, 2:33 am

1 Answer from Attorneys
Jeffrey Goldberg Goldberg Law Firm

Re: Judegment - post discharge

This appears to be a violation of the discharge order. You should contact the creditor and provide a copy of the discharge. If they persist after that, you would need to contact your bankruptcy attorney to file an adversary proceeding against the creditor for damages and to require that it clear up the credit report and stop taking action to collect payment.

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Answered on 2/21/06, 12:45 pm


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