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Selling house in foreclosure post-BK questions...

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    Selling house in foreclosure post-BK questions...

    Background: My BK has just been closed, debts discharged, mortgage was included in the BK, house has equity in it but trustee abandoned the asset, Judge closed case etc.

    In the meantime my bank (Chase) has proceeded with their foreclosure and won a judgement. Sheriff's sale is the next step but that will not happen at the earliest until 11/30 and more realistically probably not until 12/28 or even next year.

    Thus I now have the house released from my BK estate and I am allowed to try to sell it myself. Again - it has equity in it, only owe about $85K on the mortgage but house is "worth" $180k on Zillow, and could go anywhere from $130-200 if I get lucky.

    I want to be sure I understand some things though, since I am in a pretty unique situation, before I talk to the realtor and put it on the market.

    - Since the bank got their judgement, do they have any say in how I sell it, what I get for it, how that whole process works?? Assuming I get an offer for above what I owe the bank, can they muck up the process somehow, since in reality they would benefit from the house NOT selling by me, so they can sell it themselves. I'm not asking about doing a short sale, as that makes no sense as far as I can understand it, given the equity in the house, and my BK discharging me of this debt in the first place.

    - Is there anything I need to know about this situation as far as how tougher it will be to sell the house since the bank has a judgement as public record, will buyers not be able to get financing on a house that has a judgement against it, or something like that?? I ask because I remember from looking into this last year prior to going the BK route, reading that supposedly a house with a foreclosure "pending" (ie: lis pendens) that buyers would not be able to get financing or something related to the house not clearing a title search???

    - And there is also the question, will buyers find out the house is in foreclosure, thus either only give lowball offers or totally avoid it altogether for some reason??

    - Any recommended things I should be reading up on, stuff I need to know about etc???

    Thanks.
    Well, when you're married, you'll understand the importance of fresh produce.

    #2
    Gosh Kev - sounds like you may need a real estate/foreclosure attorney for your situation. Perhaps paying for 1 hour of attorney time would be well worth it.

    Good luck!!
    ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
    Not an attorney - just an opinionated woman.

    Comment


      #3
      Originally posted by ValleYum View Post
      Gosh Kev - sounds like you may need a real estate/foreclosure attorney for your situation. Perhaps paying for 1 hour of attorney time would be well worth it.

      Good luck!!
      Really? I didn't think I had any questions from a "legal" point of view per se, was more asking for hints, concerns, advice etc of anyone here that has some insight. I cannot afford to pay an atty anything for legal advice; I am struggling to survive, pay bills, keep car running, health issues, etc. I have no $$ for atty fees.

      EDIT: Wanted to point out again - the forecosure is already done. A judgement has been issued. The stuff a foreclosure atty offers for "foreclosure defense" is already finished (as I understand it). I looked into foreclosure attys last year, what they do, how much cost (the ones I talked to wanted like $1500-2000, and all they really do is file papers to delay proceedings) and instead opted for filing BK. I'm not looking to go down the road of foreclosure defense, just trying to understand my options in the selling process, things to be aware and beware of....or maybe I am misunderstanding something...
      Last edited by KevFinnerty; 09-15-2011, 03:46 PM.
      Well, when you're married, you'll understand the importance of fresh produce.

      Comment


        #4
        Noooooooo..... nothing about the foreclosure at all - I totally get that. It was about the concern you had for clear title to the property for a prospective buyer and whether or not a mortgage will be approved with the judgment on the title to the house. I was thinking 1 hour of attorney time to answer those questions you had posed: Whether the bank can muck up a sale and about a buyer being able to get a mortgage, etc. etc.

        You have a LOT of potential cash riding on this situation - *IF* you can sell the house before the sherriff's sale.

        With your financial situation, maybe call a few Realtors then - they are free advice if they think they can get your business... but I would talk to more than one Realtor to make sure that what they are saying is consistent.

        Oh and I am not sure in PA, but here in Washington I can find out if a home is in foreclosure, or has had a trustee appointed via the county tax assessor's website. All I need is a street address. Your mileage may vary.

        Good luck and I am sorry if my prior answer stressed you more!
        ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
        Not an attorney - just an opinionated woman.

        Comment


          #5
          Originally posted by ValleYum View Post
          ...
          Good luck and I am sorry if my prior answer stressed you more!
          No problem, I appreciate your taking the time to answer.

          Stress is a constant companion for the past year anyways ;-|
          Well, when you're married, you'll understand the importance of fresh produce.

          Comment

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