npn with discharged BK 7 complete

[Bill B.]

Hi,

I'm doing DD on a note.  

• The property is NOT owner occupied.  The borrower lives in a different state than the collateral securing the note
• Pacer shows that BK 7 was discharged and closed in February of 2015, over a year ago
• FMV of the property is 1/5 of the UPB on the note
• Taxes are current and paid by the borrower
• preliminary O&E shows nothing outstanding on the property besides the 1st lien that I'm contemplating purchasing.

The questions:

• With BK closed, can I contact the borrower directly WITHOUT initiating FC?
• I've learned enough to understand that I cannot try to "collect" on the debt, because that was discharged by the court.  And my real and sincere desire is to do everything ethically and legally.  I just don't know what I don't know.
• How do I "say" that I'll take payments or a "short payoff" in a way that won't violate the law?  What are the "magic words" that won't run afoul of the Federal Courts of the United States of America and still "collect" on the debt I may own soon?

Thanks to all for reading this and any insight you may be able to provide.

Bill

[Joshua Andrews]

Hire a servicer or workout specialist to do this for you. That way you are covered, not learning an entirely new trade, and can spend your time looking for more deals.