We live in FL and filed chapter 7 BK in Sept 2011. Our attorney advised to file an intention to reaffirm the mortgage. We were delinquent on the mortgage prior to filing (last pmt July 2011). The BK was discharged at the end of December; no reaffirmation agreement with the servicer was made.
Today I just discovered that in October 2011 (just about on the same day as the 341 meeting) MERS assigned the mortgage to the servicer! I am certain they did it in response to the BK filing because of the increased potential for foreclosure (and that we were delinquent) and because of the clouds surrounding MERS' ability to foreclose. Neither we, our BK atty, or the BK court were notified of the Assignment!
Does anyone know if this is legal? We thought any issues regarding noted creditors (i.e. our servicer) in the BK filing were precluded from undertaking any actions once we filed through discharge. We have a call in to our BK atty but thought someone here might know.
We appreciate your help.