QUESTION
Can I sell my home if it has not been reassigned?
Asked on May 26th, 2012 on Bankruptcy - Florida
More details to this question:
Can I sell my home if mortgage is not reassigned, bankruptcy has been discharged. I have been living in the home for the past year and have made the payment on time.
15 ANSWERS
Daniel James Wilson
Yes.
Answered on Jun 14th, 2013 at 1:39 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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What do you mean by "reassigned?" It is a term not used in the bankruptcy world. Discharge means that the debts are discharged. It does NOT mean that the property has been abandoned by the trustee. That only happens when the trustee files a report and the case is closed. It is possible for a trustee to keep the case open for years in the hope that the property will increase in price. You need to contact your lawyer and find out the status of the case.
Answered on Jun 18th, 2012 at 9:11 AM
Burton J. Green
Not enough information to answer your question. Assuming you were in a chapter 7, and assuming in your statement of intentions that you either reaffirmed the mortgage debt or retained the property, after the bk case is closed the home remains titled in your name. You can do whatever you want in selling the home. You may still be obligated on the mortgage and will have to deal with that in the normal way when the house is sold meaning the mtg note will have to be paid as a part of the closing.
Answered on Jun 07th, 2012 at 2:30 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Assuming you meant that you have not reaffirmed your mortgage, my answer is yes. Your home is yours and you are entitled to sell it.
Answered on Jun 06th, 2012 at 9:18 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sorry, but I am unable to fully understand your question. You really need to speak with a bankruptcy attorney, and the best one may well be the attorney who assisted you in your bankruptcy, as he will already have the best handle on your situation. From the information which you provided, I cannot give you any firm opinion at this time, I simply do not have enough information.
Answered on Jun 06th, 2012 at 9:07 PM
Yes, you may sell your home at any time after discharge.
Answered on Jun 06th, 2012 at 8:57 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you are out of bankruptcy and you don't a rent in foreclosure you can sell the house. If you are in foreclosure, you still may be able to sell if the bank permits.
Answered on Jun 06th, 2012 at 8:55 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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I assume your chapter 7 is closed and you have been discharged. You could then sell your home.
Answered on Jun 06th, 2012 at 8:51 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Normally a chapter 7 bankruptcy has little to do with a house. If you want to keep it, and it has no excess equity over your state exemption, then you do as you please. If you decide to sell it you must pay the debt(s) secured. You also should check to determine if the bankruptcy file is closed. Most title companies in Arizona will not complete a sale until the bankruptcy is both discharged and file closed. My best to you.
Answered on Jun 06th, 2012 at 8:47 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If your case has already been closed and there are no restrictions on the transfer, you may sell the home.
Answered on Jun 06th, 2012 at 8:36 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You may want to wait until your bankruptcy case is actually closed before trying to sell the home.
Answered on Jun 06th, 2012 at 7:55 PM
William C. Gosnell
If you mean re-affirmed? Then yes you can sell it. The new buyer will have to get a new mortgage and pay off your old one.
Answered on Jun 06th, 2012 at 7:55 PM
Bankruptcy Attorney serving Columbus, OH
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The Needleman Law Office
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Based on the facts presented, yes you can sell your home.
Answered on Jun 05th, 2012 at 6:38 PM
If your case is closed, and you kept the house, and you are current on the mortgage, then you should be able to sell the house. If you are not certain about any of these things, call your attorney.
Answered on Jun 05th, 2012 at 6:38 PM
Bruce Arthur Plesser
It's worth a look at nationalmortgagelitigation.com
Answered on Jun 05th, 2012 at 6:34 PM