Relief of Stay filed on day 62?

[newdaytoday]

I checked Pacer just now and was hopeful to see our discharge, but instead I find a motion for relief of stay by Wells Fargo. Why would they do that as we're about to be discharged? Isn't it too late anyway? I'm very upset and not sure what this means. I'm sure we'll be hearing from our attorney soon about this. Any advice for me? Thx.

[IamOld]

Wiser heads will be here soon to help - but - are you keeping/reaffirming/paying the house?? Or are you letting it go??

[newdaytoday]

Thanks, we are letting the house go and included it in the bankruptcy.

[IamOld]

Then I believe that they have to file a relief of stay to proceed with foreclosure....why they didn't just wait until your case was done? Who knows - who can figure out the banksters!!!

[oc714]

I checked Pacer just now and was hopeful to see our discharge, but instead I find a motion for relief of stay by Wells Fargo. Why would they do that as we're about to be discharged? Isn't it too late anyway? I'm very upset and not sure what this means. I'm sure we'll be hearing from our attorney soon about this. Any advice for me? Thx.

How long have you not paid Wells Fargo for?

[sunshinepa]

I don't believe this should affect your discharge especially since you are surrending the home. Most likely, it just has not been entered into Pacer yet. I waited 4 business days after my 60 for it to be entered and trust me, PA is very quick. Bet you'll see the discharge soon!

As IamOld stated, WF's gotta do what they gotta do to start their process. Sad but true, they want some action.

Best of luck and keep us posted.

[helpmeout]

My bank filed for relief from the stay after my discharge. Guess they wanted all bases covered.

[newdaytoday]

Thanks for all the replies. We haven't paid Wells Fargo for over a year and were served a NOD back in March. The filing halted the process. My attorney got back to me and said this was to be expected since we are surrendering the house and that we'll probably have a month or so after the court lifts the stay. The hearing is set for 8/19. I'm still so stressed about finding someone who will rent to us. Once that is secured, then it doesn't matter to me what Wells Fargo does. Still no discharge of our case though...

[2manybills]

It doesn't necessarily mean that they will proceed immediately with the foreclosure. I know of some people that are still in their house a year and a half later. THe banks are filing the motions for relief from stay as a matter of course, just so they have the "right" to proceed with foreclosure. They are so backed, you could have longer than you think in the house. But, I would start putting your ducks in a row, so that you are ready to go also.