Discharge letter received. . . Now what

[samson420]

I received my discharge letter in the mail yesterday. It stated that my Chapter 7 case was discharged as of 01.12.10

My 341 hearing was on 11.06.09

Isn't this incredibly quick to receive a discharge after the 60 day mark?

Also, I am still living in my house that I am not paying for. I have not paid since November 1st. The house was not included in the Chapter 7, but not reaffirmed either.

I thought I would have received a 30 day vacate the premises notice before I received my discharge.

Is this just odd?

Or everything right on track?

[helpmeout]

You don't have to move for as long as the deed is in your name. I plan on staying at my house that I am not keeping until either the Trustee sells it and gets my name off of the deed and I have to or the bank forecloses on it and they get my name off of the deed.

[samson420]

But, from what I understand they have something called a Motion to Lift Stay, or some BS to make you leave the house.

[helpmeout]

But, from what I understand they have something called a Motion to Lift Stay, or some BS to make you leave the house.

The motion to lift the Stay just gives the bank the right to start the foreclosure process. It's not the actual eviction notice. The house is still yours until the bank legally changes the deed out of your name.

[samson420]

How long can this approximately take?

[SPalin]

Your state or local jurisdiction set the foreclosure timeframe. Please state where you live so we can help answer your question. I live in California and once the Bank starts the foreclosure process and until the NOD (Notice of Default) is files with the county, I have at least 90 days before the deed is out of my name. I have not paid my mortgage since Sept 09 and I know of a coworker that has not paid for over 15 months and a NOD has not been filed... sit tight keep the house up and pocket the money for your move and new life! With all the foreclosures in Cali the Bank would rather have someone live in it and maintain it then having it boarded it up!

[justbroke]

But, from what I understand they have something called a Motion to Lift Stay, or some BS to make you leave the house.

Since you received your Discharge... the automatic Stay is "automatically" lifted. While the lender would be barred from attempting to collect on the Mortgage (if it was discharged as well), they can proceed with foreclosure without a Motion for Relief From Stay (MRFS).

Since you didn't reaffirm the mortgage, the mortgage is, in fact, included in the discharge. That's just how it is. You did a "ride-through" or a "retain and pay". This still discharges the debt. The mortgage company didn't file a relief from stay because you technically were up to date when you filed (according to your post).

Now, once you hit 90 days past due, which is probably January 31, 2010, you will probably get a Notice of Deficiency or other notice of planned acceleration. The lender then needs to follow the process for your specific State in order to foreclose upon the property.

[kw1025]

I do not think you would be discharged of this debt, if it was not on your filing. Why did you not include it on the filing?

[justbroke]

I do not think you would be discharged of this debt, if it was not on your filing. Why did you not include it on the filing?

It was included, they listed "Retain and Pay" on their Statement of Intentions. Any secured debt is always "included" in a bankruptcy filing. What people mean by "included" (when referring to secured property) usually refers to the act of surrendering the property.

No one in their right mind would ever not "include" all secured property in a Bankruptcy filing.

[samson420]

I live in Arizona. . . . . .


Thank you for all the info on this. . . . . .