QUESTION
Should I file motion for abandonment or reaffirm the loan to get the records cleared up so I can sell the house quickly?
Asked on Jun 09th, 2017 on Bankruptcy - Ohio
More details to this question:
I received a discharge in January 2012. My home was included and I refused to cooperate in a short sale. I managed to hang onto it and received a loan modification (not reaffirmed) in early 2017. Now, I want to sell my house but records still show the trustee has an interest.
4 ANSWERS
What records show the trustee still has an interest? Sure would have helped had you indicated whether your Chapter 7 case is still open or is closed I suspect you are receiving bad advice.
Answered on Aug 28th, 2017 at 11:35 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's too late to do a reaffirmation. Why not have your lawyer contact the Trustee with the relevant information and ask him to remove the item? Or you could do it yourself. Also, you can write the three major credit reporting agencies and ask for a correction. They are obligated to attend to your protest.
Answered on Aug 28th, 2017 at 11:33 PM
Pay an experienced BK lawyer for one or two hours of their time to review the BK file with you. It is hard to answer specific questions without looking at your file. Otherwise, its a pure guess.
Answered on Aug 28th, 2017 at 11:32 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The loan modification isn't valid. If the trustee filed a lien against the property, you need to file a motion for abandonment.
Answered on Aug 28th, 2017 at 8:06 AM