Automatic Stay Question post Discharge

[copaaz2005]

Hello,

My CH7 was discharged on 12/7. I listed my mortgage on the petition and marked as retain and pay. It was discharged by the court. My question is doesn't the mortgage company have to file a Motion from Relief of the automatic stay to be able to contact me? I stopped paying the mortgage in November and today, 1/26/11, the bank starts calling me. I have not answered yet because I think their in violation of the automatic stay and want to find out 1st before I answer. I checked pacer and their no motion from relief filed.

[biotechsolution]

Your automatic stay ended when you were discharged. Your obligation to your mortgage was discharged with your bankruptcy. But the bank can now foreclose immediately when you are late.

[DebtEnder]

The auto stay is done with after the discharge order and instead replaced with the permanent discharge injunction. They are not allowed to demand money from you but if you intend to simply let the house go call them and tell them so. Or go thru the motion of a modification and draw it out it out if you like. Since the have a valid secured lien in the house they are allowed to exercise their right to take the house, and that does require some level of communication.

[HHM]

Nope. Once you are discharge, the automatic stay is terminated. The permanent injunction of the discharge goes into place. However, the discharge does not AFFECT or CHANGE the state law notice requirements for foreclosure. So, as soon as the case is discharged, the bank can immediately start the state law foreclosure requirements.

[copaaz2005]

Thanks for the replies.

Does anyone know the Arizona foreclosure timeline/laws? I think the mortgage/trustee has to file a Notice Of sale with the county recorder and send a copy to me by certified mail. I think I have read 90 days is the timeline. I'm trying to stick it out in the house until April/May when a rental property is ready for me to move in. Does the 90 days sound about right? I don't wan to have the house in my name any longer than May.