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All too often a client completes a chapter 13 bankruptcy and immediately receives a letter from the mortgage company that the mortgage payment is still behind. This could be a violation of the bankruptcy discharge injunction by the mortgage company. It could lead to a finding of contempt by the bankruptcy court and result in the recovery of damages by the chapter 13 debtor against the mortgage company. It could also be a violation of the Fair Debt Collection Practices Act (FDCPA), and if the mortgage company has reported past due to the client’s credit report, it could also be a violation of the Fair Credit Reporting Act (FCRA). In January the 2nd Circuit Federal Appeals Court ruled that a lawsuit against Ocwen for a FDCPA violation could go forward. Here is a link to a discussion of the case¬†Garfield v. Ocwen.¬†Within the last week, our office has sued Ocwen Loan Servicing, Selene, Bayview and JP Morgan Chase for similar violations. If you completed your chapter 13 and was told my your lawyer and the chapter 13 trustee that everything was up-to-date on your mortgage only to start receiving past due notices and foreclosure threats as soon as your chapter 13 ended, then call us. You might have a lawsuit against your mortgage company or servicing company for a violation of the bankruptcy rules, your discharge, the FDCPA or FCRA. In particular, we are looking for claims against Ocwen.

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