Selling house in Chapter

[Blackgoose]

Quick question on selling our home... We received a discharge for our Chapter 7 in June of 2012. However, the case is still open and we still have our town home. The Judge has marked the case as an asset case and technically owns the property.

Our lawyer will not respond to months of emails and calls so I bring the question here.

Can I call the trustees office and offer to sell the home? The price has gone up close to $50K the past two years. Also, we are looking to buy a new home in the next 12 months. If they foreclose on this house we will have to wait 3 years from THAT date... Correct? IF I am able to sell the home will I not have to wait the 3 years?

Thanks for helping me out with my question.

[Blackgoose]

Anyone?

[justbroke]

If you are asset case, what asset is still property of the Estate or what are they looking to sell? Until you can have the question answered, there's no sense trying to do things to poke the Trustee and move the case alone.

In most instances, you need an actual abandonment of that specific "property" (by the Trustee) so that you can sell it. Since your case is still open and abandonment may not have occurred, you'd need permission to sell. Rather than worry about procedurally how you would obtain abandonment, compel to abandon, and/or permission to sell, find out why the case is not closed.

As for how long you will wait, it's 2 years from discharge if you didn't sell short or foreclose. Otherwise, it's at lest 3 years after foreclosure. There are some programs where they will consider financing in fewer years, under FHA, if you have extenuating circumstances.