EMC Mortgage FORCING ME INTO FORECLOSURE I have written to EMC qualified written RESPA violations which they have ignored Lewisville Texas

I am in Chapter 13

First, what chapter bankruptcy did you file (7, 11 or 13 - these are only the most common chapters)? If you filed a Chapter 7 bankruptcy you should let your Trustee know your RESPA attorney's contact information as your RESPA claim is property of your bankruptcy estate and you have no authority to pursue it per the bankruptcy code. That may be why the mortgage company is ignoring it, becuase you are not the "real party in interest". Not that that waives the validity of the claim, but it will be a defense they claim should actually file the lawsuit.

Plus, not disclosing a claim could subject you to claims by the Trustee for non-disclosure of assets, including but not limited to revocation of your discharge in the Chapter 7. If your case is closed it can be reopened for the Trustee to handle this case for your estate. In addition, if the lender got relief from stay the Trustee can move to reimpose the stay pending the outcome of the RESPA complaint. Hope that helps. Contact your Trustee. Their job is to make sure you don't violate the bankruptcy code but also to protect you from creditors doing the same.