Can I sell my home after chapter 7 discharge?

Usually when your debts are discharged the case is closed within a few days. Assuming the Chapter 7 is closed you can sell your home at any time. There is no waiting period. You will not owe any money to your creditors. If you don't foresee making any money on the sale you might want to consider staying in the premises without paying the mortgage. The Mortgage Company will eventually foreclose but you won't owe any money because the debt was discharged in your bankruptcy. You will be able to stay there for months. This assumes you did NOT sign a Reaffirmation Agreement. Another option is a Deed in Lieu of Foreclosure. Talk to your attorney about all your options.

You can safely sell your home after the discharge has been entered AND an Order closing your case has been entered. Ask your attorney to inform you when your case has been closed. I hope my answer was helpful

Attorney Drake carefully articulates the issue on options before your estate is closed. A case is usually closed about 10 days after the discharge. Just call the court and ask both the date of discharge (which you already know) and the date of closing. That way you know both are done. If not closed, then you have no right to sell the home absent filing the motion to abandon. If closed, then your case is done..and you can sell as you wish. But, if there is no equity, you might in fact want to look at the option possibly of living there for free until they in fact do a foreclosure is another option. You must weigh how much you would be paying rent x the number of months you would live there for free before having to vacate. Compare those monies to what you would get if you sold it ( You say zero and in fact you might have to pay monies to sell). Another option, a mortgage creditor might pay you for a deed in lieu of foreclosure $3,000 or whatever price you agree too. Your attorney should be able in your state to say how long before a foreclosure could actually occur and how many days after the sale you must vacate in your state. Look at those months and think if you saved that mortgage payment and kept it all together in an account, you could probably pay for easily 12 months rent somewhere else when you have to leave. Just ideas. Good luck and I hope all of our attorneys answers help you realize you have options so you can decide which one to take! PS If there are any HOA dues, the ones due and payable after your case is filed are NOT discharged until the property is not in your name! Also, if you had a second mortgage, some such creditors might agree to a smaller payment in consideration for releasing their interest as they would rather receive some monies rather than zero if you let a first mortgage foreclose.

Attorney Drake gives you a complete response- find out the status of your case. If you are not making any money on the sale, you should not worry about taking on the burden of selling it. One new thought -- contact the mortgage lender and see if it is interested in a cash for keys transaction -- you return the keys, they pay you money and give you time to move out. The lender does not have to foreclose and you may have some time and get some money to help with your fresh start. Good luck.

Assuming you did not reaffirm your mortgage, since you would incur expenses to sell your home, why do it? Stay in the house, stop paying the mortgage and live rent free until the mortgage company forecloses. Continue paying the HOA dues and continue paying for insurance on the home, Those payment will likely be a few hundred or less per month, save your money to help you move.

You need to find out whether your case is closed. Your attorney should be able to answer that for you and given you appropriate advice.

Hello, As of now, the house is property of the estate. Whether or not an asset is property of the estate does not have any connection to the discharge. It remains property of the estate until it gets abandoned or the case is fully administered and closed. You cannot be sure when the estate will get fully administered and closed. If you want control over the process, you can file a motion to abandon the house from the estate. This will force the trustee to allow title to return to you personally or he will object to keep it in the estate. But, if you have no or low equity and claimed your state $150,000 homestead exemption in the house, the Trustee will likely not object or even if he does, you would likely prevail over the Trustee and the court will likely rule that it is abandoned. Your attorney should be able to file this motion for you. Until the house is confirmed abandoned from the estate, your trustee holds the right to sell the house and you cannot, or rather, should not carry out a sale.

Most likely no, but the answer probably depends on whether your exempted your home and what the trustee has done and whether your case is closed. Closed is not the same as discharged. Since you have an attorney it is best to talk to them. They will know all these answers and, hopefully, have some sage advice.