Lawsuit Filed

[sarasota863]

Hi,

So we are days away from being discharged. We did not reafirm our house, and have moved to a rental. Two weeks ago Option One Mortgage requested, and was granted a relief from stay to proceed with the foreclosure. At 8:30PM last evening we were served by sheriff notice of a pending lawsuit from Deutsche Bank against us and Option One Mortgage. Wasn't this dealt with under our ch 7 filing listing Option One as a creditor? Do we need to amend our filing and add Deutsche Bank? Do we need to respond as requested? Will we be responsable for a shortfall, or attorney fees as threatened? What happens next?

Thanks for your help!

[HHM]

It sounds like they are simply using "judicial foreclosure". But even so, you should not be liable for any shortfall or attorney's fees. The foreclosure complaint is probably just a standard form document they use...under non-BK circumstances, the creditor may be entitled to attorney's fees and deficiency balance.

If you filed with a lawyer, simply make a call and make sure everything is ok.

[sarasota863]

Lawsuite

Thanks you your advice. I did call our attorney, and faxed over the paperwork, but no repsone as of yet. Typical of our entire process to date.