On Pacer an attorney "filed an appearance" after discharge?

[basketsbears]

Hi,

When checking pacer I found that on 10/30 (2 weeks after discharge) some attorney for the Bank of New York filed an appearance. I asked our attorney what meant, and she said she could not even speculate. As far as I know, we didn't have any accounts with the Bank of New York (unless the bank was purchased by another bank, etc).

Have any of you had this? I am not too worried, everything has been discharged, but am curious. Maybe they filed on the wrong case?

Thanks!

Lynn

[despritfreya]

You have a mortgage. Bank of New York, Mellon is most likely the holder of the note in trust for some securitized trust. The NOA is standard for mortgage lenders. Your discharge was entered but, I assume your case is not closed. If my assumption is correct, the property is still part of the bk. You are behind in payments. Unless the case closes soon, the attny for BONY will probably file a Motion to Lift the Stay. Nothing for you to worry about.

Des.

[basketsbears]

Thanks!

I wondered if it had to do with husband's rental with BOA which hasn't been paid on for almost 2 years. I hope they will foreclose soon.

If it is our primary residence (which was always current until 11/1/12), we just recently became past due, and trying to get it back current.

You are also correct that we are not closed. We have to provide our 2012 tax return, then will close. (hopefully!)

Thanks!

P.S. So, even though we are discharged, since we haven't closed, the mortgage company still cannot foreclose and have to request to lift the stay (meaning they could not foreclose without this)?

[despritfreya]

So, even though we are discharged, since we haven't closed, the mortgage company still cannot foreclose and have to request to lift the stay (meaning they could not foreclose without this)?

That would be correct unless the Trustee abandons the estate's interest in the property.

Des.