My question involves a foreclosure in the State of: Florida
I declared Chapter 7 in 2009. After the discharge, my mortgage originator for the primary mortgage sold the mortgage multiple times, and then attempted to foreclose. After a year and a half, the foreclosure was dismissed without prejudice for lack of activity, as they could not produce the original note and mortgage when I requested discovery. More background here in this thread.
Now there is the problem of the second mortgage. It was discharged as well, and the PMI that was purchased by the bank has paid off the loan. Since the bank was made whole by the PMI, do they still have a cause of action for the mortgage foreclosure? It seems to me that they do not, and the only party with a cause of action would be the insurance company, but they cannot sue, as they are barred from this in personam remedy by the discharge injunction.
If anyone could point me to a case or two on this, it would help greatly.