Motion for relief of stay questions

[sealpup]

We filed Ch.7 on 4/18. Had our 341 on 5/20 and everything was going unexpectedly good. I checked pacer yesterday to find that our mortgage lender has filed a motion for relief of stay. I wanted to make sure I am understanding things right...

Once we are discharged, the relief of stay gets lifted anyway, right? The hearing date is only 3 weeks before we are set to be discharged, so I am not sure why they spent the $ to do this.

Will the cost of them filing this motion and other legal fees be passed on to us, and if so, approx. how much can we expect it to be?

By filing this motion, are they objecting to our discharge of the debt, or just their right to perfect the lien (and we still aren't responsible for the defiency, if it should come to that)? Or by filing the motion (if it's granted) are we personally responsible again?

Is it pretty common for mortgage lenders to file for a relief of stay?

I'm assuming that the majority of mortgage lenders are granted relief?

Also, in their filing, they have provided false information (or at least omitted info). The filing states we are 4 months behind on our payments, and we are 2 months (as of 6/1 and still within the grace period, so I don't know if that counts or not) and it also says our arrears are about $2200 more than what they really are. The paperwork they filed does not credit us for the last two payments we made to them, but our bank shows them as cleared and even the mortgage lenders website lists those payments as being made. I'm very confused as to how and why they came up w/those figures and filed that. Even our last statement from 5/17 has the correct info on it. Can they get in trouble for filing false info, or is it just splitting hairs at this point?

We aren't very far behind and as long as they don't add thousands in legal fees onto this we should be within a few hundred dollars of being caught up by the end of the month. Our plan was to do a ride though and stay and pay. We got behind due to me having emergency surgery right before we filed and being off of work unpaid for 6 weeks, and garnishment before we filed.

Of course I will be speaking to our lawyer on Monday, but was just wondering if anyone could offer any insight before then. I'm someone that will sit and stew on this all weekend...

Thanks so much!

[debee]

Very common sealpup. If you search the forum, you'll find many examples of it and many of those not leading to or ending up in foreclosure. It happens A LOT.

[catleg]

They're trying to pile up legal fees on you.
This is how banks when acting as a servicer turn lemons into lemonade. (generates profit)
Even if they foreclose the servicer will get reimbursed their costs prior to the note holder getting any money.
And if you don't get foreclosed they'll add it to your balance.
You might want to see how much your attorney wants to be paid to oppose the motion.
Cause part of their proposed order will be to assess you for their fees and costs.