Motion to dismiss automatic stay by mortgage lender

[reno2]

My 341 hearing was on sept 5,2009 and have been awaiting discharge.On Oct.13 mortgage holder asked for removal of automatic stay on property that has been surrendered to lender. Pacer shows a hearing date set for Nov.17,2009. Called my attorney to ask why the lender would bother with hearing when property has been surrendered and he said he doesn't know why lender is wasting his time and money with hearing but he still expects my case to be discharged on Nov.4. Attorney says no need to attend hearing as property is being surrendered. I just question why lender would bother with time and expense of hearing and is my attorney correct about the hearing after the discharge. Any thoughts on this?

[DeadManCrawling]

Probably a department of the lender is not in communication with another department.

As unlikely as this seems, hehe, it happens.

One end has its head up its ass, the other has its ass up its head.

Apologies for the blunt language, but this is usually the case with big lenders.

[justbroke]

Some lenders do this regardless, just to be in full compliance and to not have any appearance of violating the automatic stay.