QUESTION

Can we still sell our home without the reaffirmation?

Asked on Jul 01st, 2013 on Bankruptcy - Missouri
More details to this question:
We did not do a Reaffirmation after our BK Chapter 7. Our credit now reflects that the first TD mortgage debt was discharged in our BK. It was not. We had a loan mod completed Oct 2011 and have been on time since. Can we still sell our home without the reaffirmation? We are able to keep all proceeds from the sale?
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6 ANSWERS

Deborah F. Bowinski
You can sell your home as long as you can sell it for enough to pay off the remaining balance of your mortgage loans. Even though you did not reaffirm the loans, the liens remain intact against the property and must be satisfied before you can transfer title to someone else. If you cannot sell for enough to pay the loans in full you may want to consider trying to complete a short sale with the cooperation of the lender(s).
Answered on Jul 03rd, 2013 at 1:36 PM

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The short answer is, if you have no loans on the property, you can keep the money. If you have a loan (and it sounds like you do), the bank will get what you owe first and you can keep any remainder.
Answered on Jul 03rd, 2013 at 1:27 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Whether or not you have a reaffirmation has nothing to do with selling your property. Your bankruptcy did discharge your mortgage debt but you continued to voluntarily make the payments in order to avoid losing the property through a foreclosure. If your bankruptcy case is fully administered & closed, you may sell without any further action, but if your case is closed, you may need court & trustee permission to close a sale. In either event, as long as your equity in the property was claimed as exempt on Schedule C of your petition, you can keep the profits. By the way, a discharge is not the same as the closing of your bankruptcy case.
Answered on Jul 03rd, 2013 at 1:20 PM

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Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
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Even though you did not sign a reaffirmation agreement, the lender retains its mortgage against the home. You certainly can sell your home even though you did not reaffirm the debt. Since I assume you completed your bankruptcy, claimed your home as exempt, and have discharged your debt, you can sell the home and keep all of the proceeds of the sale.
Answered on Jul 03rd, 2013 at 10:04 AM

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Bankruptcy Attorney serving Walnut Creek, CA at Alan E. Ramos Law Offices
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Yes, reaffirmation has nothing to do with ownership, only personal liability. Yes, you are entitled to all proceeds over and above the liens on your property (including deeds of trust that were not reaffirmed( and not removed).
Answered on Jul 03rd, 2013 at 10:01 AM

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You can sell the house. The mortgage company will be paid before you get any sales proceeds.
Answered on Jul 03rd, 2013 at 9:45 AM

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