Confused about update in Pacer - HELP!!

[Shanfish]

I just logged in to Pacer tonight to make sure that nothing has happened since our 341 on 3/22/11. It showed the last filing done on 4/7/11 and that it is a "Motion for Relief from Stay" from the primary lender of a rental property that we were letting go as part of the CH7. Is this standard? We were not in official foreclosure but were behind on payments... will this extend us getting discharged??

I know that the bank had padlocked the house shortly after the 341, since we had a tenant try and go back to get some items. They never notified us or anything and this was at least a week prior to them asking for this Motion. I don't care since I don't want the house, but I don't want to be taken advantage of either... Help!!!

ETA: The more I thought about it, I don't even know if we were in Foreclosure. I never received anything from the bank saying so and nothing was ever filed against me or DH (liens). I asked in the Foreclosure forum how I know that, but I am still worried that this will prolong our discharge. Thoughts?

[AngelinaCat]

Yes, this is standard operating procedure when the lender wishes to start the foreclosure process. You can contest, but you would have to appear in court before the BK judge. Your argument would be that you had no notification and therefore could not notify your tenant. They will counter with the fact that your 'Suggestion of Bankruptcy' invoked the Automatic Stay, and they could proceed no further without going to court.

Do you have an attorney? If so, this is something you need to discuss with him/her--especially as to the rights of your tenant who still had possessions in the rental.

[frogger]

As AngelaCat stated above, this is very common. You are not in foreclosure now, but once your lender has a relief from stay, the foreclosure process will begin.

Happens all the time, all part of the process, don't worry.............

[Shanfish]

Thank you both for the reassurance. This will be a stupid question I am sure, but now do we get socked with a Foreclosure on the credit report as well as the BK? I don't know why I was thinking that the deed would be transferred as part of the BK. My lawyer isn't exactly very forthcoming with lots of useful information...I called first thing this morning but still haven't heard back. Does this affect our discharge date? And will we be responsible for any deficiency (there is a 1st and 2nd mortgage) and the first will probably be under around 30k once they sell it.