Question about Relief from Stay

[helpmeout]

Did do a search and couldn't find an answer to my question. I was discharged on 5/28/10. The bank holding my mortgage filed for relief from the automatic stay on 6/17/10 and is asking that I pay them $550 for filing for this, either from the proceeds of the sale (which they now have me upside down siince they added fees onto the balance) of the house or directly from me.

I thought that if I was discharged, they didn't have to file for relief? Also, will they be able to get the court to order me to pay them the $550 directly if the proceeds from the sale of the house doesn't cover it? Which I don't think it will as I don't think it will sell for what the realtor stated it would. It is old and needs a lot of work done, including a new driveway.

I am hoping that this doesn't mean I will be foreclosed on soon as I still need some more time to save money. Thanks in advance for any help.

[HHM]

I am assuming you are letting the house go to foreclosure, if yes...then the $550 becomes part of the cost of foreclosure. They should not bill you directly.

[justbroke]

As HHM points out, if this was included in the bankruptcy, then they can't directly charge you this amount. What they do is add it to the mortgage balance. This is really just for accounting purposes.

You should not pay the $550, and if you re-read the motion, it probably only states that they incurred fees to file the motion and that said fees are recoverable. They may go on to say that they can add it to the balance. Nowhere should it read that they are pursuing you in personam for the amount. (In personam means you personally. They are only allowed what is called in rem action or against "the property" (the thing).)