Silent Treatment From Your Lenders—What is the Solution?

Your lender is not talking to you and wants to talk to your only attorney. Is this not strange?

They tell you as such but don’t be offended. You are not on a silent treatment from them. Many times, your online log in does not work and you think there is some discriminatory treatment given to you. You also don’t receive any more loan statements. Don’t be frustrated, your mortgage companies and banks are just following the laws.
You may be thinking your lenders are giving you the silent treatment because they are angry at you for filing bankruptcy, nor are they trying to be rude. Banks have to do this because everything is stayed pursuant to the automatic stay protection of the Bankruptcy Code once you file, it is a violation of the stay to make any effort to collect a debt.

A loan statement could be construed as attempting to collect a debt and customer service reps are not knowledgeable about bankruptcy and may say something improper.

Basically your bank or mortgage company does not want to find itself facing a claim for damages arising from violating the stay so many of these companies simply cut off all communication.

Send them an authority letter signed by your attorney that the bank representatives can talk to you. Send them this authority letter via fax. Many lenders find this type of letter sufficient to ease their concern about potential liability for communicating with a bankruptcy debtor.
Of course, you need to hire your attorney for this particular purpose, unless you are willing to talk to the lenders all the time, and send them lengthy documentation.


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