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97 B.R. 185 (1989)
In re David and Marianne ALVANO, Debtors.
Bankruptcy No. 88-14043-CIV.
United States Bankruptcy Court, S.D. Florida.
March 16, 1989.
*186 Bruce Miller, Coral Gables, Fla., for debtors.
David I. Berger, Miami, Fla., for the creditor.
ORDER ON MOTION FOR RELIEF FROM AUTOMATIC STAY
GERALD M. LAROS, Bankruptcy Judge.
This case has come before the Court upon the Motion for Relief from Automatic Stay filed by Fidelity Bank. The facts are undisputed and this matter is ripe for consideration.
The debtors filed a voluntary Chapter 11 petition in this Court on August 10, 1988. They have maintained possession and usage of the mortgaged real estate since January of 1988 and the debtor’s mortgagee, Fidelity Bank, filed the above motion on February 1, 1989, seeking relief from the automatic stay so as to proceed with foreclosure of its mortgage against the property.
This Court concludes that Fidelity Bank is in contempt of the automatic stay and that it is therefore enjoined from any further proceedings under the foreclosure action pending a final determination of the debtors’ bankruptcy case.
11 U.S.C. § 362 states in pertinent part:
§ 362. Automatic stay
(a) Except as provided in subsection (b) of this section, a petition filed under section 301, 302, or 303 of this title… operates as a stay, applicable to all entities, of
(1) the commencement or continuation… of a judicial… action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title…;
It is not disputed that the foreclosure action against the debtors was commenced prior to the filing of the debtors’ bankruptcy petition.
In support of its motion, Fidelity Bank argues that the debtors’ bankruptcy petition is solely a nullity; that the automatic stay does not apply because the debtor was never a party to the mortgage contract and because there is no nexus between the debtors and the subject real estate; and that because there has
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