mortgage company called work, discharge was 4/09

[Tom_Mi]

Hi,
My house was IIB, and discharged in April. I've been riding thru, but had to stop paying on Sept 5.

They called my office today and I feel sort of stupid about it. Can they do this? I don't think they got a relief from stay for my home when I filed.

[DebtEnder]

Well since you are discharged they are allowed to foreclose on the house. In my case all I have gotten since I stopped paying was various letters and notices in the mail all with a big disclaimer saying we are only wanting to enforce our rights to foreclosure if xx amount is not paid.

Did you talk with them and if so what did they say. I would tell them in writing not to contact you at work again and if you do you assume they are trying to hold you liable for the debt.

[Tom_Mi]

thx. I really liked the "I'll assume they're trying to hold me liable for the debt" idea. I'll politely mention that when I call them back tomorrow.

My plan is to let them foreclose, as SLOWLY as possible. The problem is my attorney is slow calling me back to discuss a plan.

[aljohnson007]

When discharged, the auto stay is over and done. Are you still living in the house and are you still paying the mortgage?

[Tom_Mi]

I kept the payments current until Sept5. That payment went from 560 to 1870/mo. I just can't do that. Oct5 was +30 and they're calling.

I'll call tomorrow to try and appease them.

I already know they won't do a rework on this loan, because I called several times in the last year to inquire. It's not fannie/freddie's money (UK lender) and they just don't give a rip about anyone.

[whipster1]

They can collect after discharge on a secured debt, they just can't hold you liable for any deficiency.

[AngelinaCatHub]

How the heck did it go so high? Confused am I? (Hell i'm not a poet). 'Hub

[DebtEnder]

They can't collect, but they can enforce the lien. True for most people it's one and the same but the difference does matter.