Trustee setting aside mortgage and selling house

[Miknan]

If the trustee does put my house up for sale and we are still living in it, how does that work? Will a sign go in front and people come over to see it while we are still here? Half the time I'm working and my wife is in bed and she is too sick to drive anywhere. Plus I wouldnt really care if the house is picked up or not.

[HHM]

First, do you care that he trustee is doing this? Meaning, did you expect to keep the house?

Second, you should be able to get the benefit of your homestead exemption, meaning the trustee should cut you a check for that amount, (but that is an issue of state law).

On what grounds is the trustee doing this, I am asking more out of curiosity because this action by the trustee is rare.

[justbroke]

I'm wondering about the Trustee's motivation and authority to do this. The Florida Trustees have been doing some... let's just say "interesting" things lately.

[Miknan]

(see other thread "oh oh what does this mean). I wasn't planning on keeping the home. My lawyer said the trustee found something that will invalidate the mortgage. I have no idea what but she has already employed her own attorney to see to this. In my other thread, others suggested I was entitled to a homestead exemption also but my attorney said I wasn't. Others on that thread seemed to agree with him on that. Im just wondering how long all of this will take. I just want to move on but if it takes a long time I guess I'll just stay.

[despritfreya]

For clarification purposes. . . If the Trustee avoids the lien, the lien is "preserved for the benefit of the estate". See 11 USC 551. This means that the Trustee steps into the shoes of the lien holder and, due to the consensual nature of the lien that was just avoided, primes any homestead exemption.

Unless the Trustee decides to hold a "sight unseen" auction, the Trustee will hire a realtor. The realtor will put the listing on the MLS. Showing should be by appointment only.

Des.

[Miknan]

So during these showings, I wonder if I'm expected to quick pick up and leave. No incentive for me to do any of that.

[justbroke]

So during these showings, I wonder if I'm expected to quick pick up and leave. No incentive for me to do any of that.

Exactly. I would not do anything special.