Chapt 7 went through... yet 2nd loan bank called to investigate?collection called one day and asked why i cant pay them when i make 8500/mo. i then said WHAT? story: my sister / broker lied for loan applic and for 2 yrs never told me they falsified. i know i let her borrow my name to buy a house / investment. which is a big mistake... she's betrayer in my book today. i... | |
If the debt was brand new and it looked to the court like you made up a bunch of crap to get a chunk of money you ran out and blew with no intent to pay back - the court might throw it out. However, if the loan was 2 years ago I doubt anything will happen. I would stop talking to them. If they want to fight the bankruptcy, they need to do it through the courts and your attorney - not by trying to corner you into saying something that you shouldn't. Either the bankruptcy is accepted - in which they shouldn't be contacting you (unless the debt was reaffirmed) or the bankruptcy isn't final - and they should call your attorney but not you.
If it is a loan on property and they are 2nd in line, they probably know that in todays selling market they aren't going to see any money after the repossession sale. I'm guessing they are trying to freak you out or intimidate you into paying them.
Oh and if you let her use your information, you aren't the victim - you were a willing participant. Just cause it didn't pan out like you planned doesn't make you a victim. If you had absolutely no knowledge at all of the loan, they will go after your sister and it will be handled with police, the courts, etc but if you knew and let your sister do it that isn't exactly fraud. It sounds more like when a parent gets a card in their name for one of their kids to use.
Many 2nd mortgage companies have shut down because they were handing anyone with a house a loan and all they would do to verify you really made the money you claimed, was call whatever phone number you gave them. It could have been your uncle Ted they were calling - and he was claiming to be your boss saying yes you made $8500 a month and they just took that as good enough. It is on them to get actual proof of income like bank statements, paystubs, etc and if they just took your word for it because the rep wanted to make the origination fee or whatever then too bad for them. Plus, who cares if you made $8500 a month 2 years ago, you could have lost your job 3 months ago and that would no longer be relevant. You have to show recent income in a bankruptcy, not what you were able to make 2 years ago.
Oh yeah - my point, just refer them back to your ch 7 attorney and don't say another word to them unless that attorney tells you to.
If there was fraud involved in the loan application, the only way the the bank / mortgage company is going to not believe you is if you file a police report and submit an affidavit to them attesting to the fact that it is not your signature.
As concerning your bankruptcy, you really should ask your bankruptcy attorney. They would know the details about what your debts were at the time you filed.
