Can mortgage company call to ask your intentions nearly 2 years after d/c?

[sealpup]

Discharged from Chp 7 2 years in August. We have been in a stay and pay situation with our mortgage. Our account changed hands from Aurora Loan Services to Nationstar last year and we were successful with a modification. Payment is a month behind. Received a call from Nationstar telling me I was behind, when the payment as due, etc. I told them this was d/c in bk and they were not legally allowed to call me about it. The woman said they were and asked me my intentions on the loan. I told her we intended to stay and pay. Can they do this? What are they fishing for? Like I would just tell them if we were going to leave (which we may eventually do)? Last month they called me at 7:30am but never completed the call or called back as I told them it wasn't even 8am my time. Aurora never called us once after our d/c.
TIA!

[keepmine]

They're a secured creditor so yes, they can ask your intentions. They can also start foreclosure proceedings unless you cure the arreage.

[LadyInTheRed]

There's a fine line between attempt to collect against you personally, and exercising their rights as a secured creditor. I'm sure the purpose of the call is to hope you will pay. But, if they are careful about what they say, then it won't be a violation of the injuction against collecton action. If you don't want them to call you, send a letter saying so.

[justbroke]

On the surface, I don't see this as an attempt to collect a discharged debt. In fact, the way you say that they worded the question, as to your intentions, clearly demonstrates to me -- whatever that's worth -- that they understand the affect and finality of the bankruptcy discharge.

My theory is that the reason they are asking you is so that they can mitigate losses. You are, by your own words, behind by one month. They are trying to gauge whether they should employ an aggressive foreclosure move, or let you catch up on your payment. It's a fair question.

As LITR writes, if you don't them to contact you, then send them that notification in writing. However, don't be alarmed that when you are 30, 60 or even 90 days late, that the next notification you receive from them, is a Foreclosure Lawsuit.