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I live in Florida. Can i sell my house now? Have mtg & line of credit. I did chapter 7 and is discharged now
Anonymous4 views3 answers
I did not reaffirm either loan. I want to sell my house now and not sure if i can. i am current on both and not upsidedown if i sold now. Would i be able to get clear title? Would be able to keep any profits? I am confused! Mtg is showing on my credit report as Bk and current but LOC is not. T would be my intent to pay both off at closing. Thanks
If your bankruptcy case is discharged AND CLOSED you should be able to sell your house even if you didn't reaffirm the debts. The questions is: can you convey clear title to your buyer? To do this, you will have to obtain lien releases from both lenders. If you can do this, then you shouldn't have trouble just because you filed bankruptcy and didn't reaffirm the debts.
You should call you attorney to make sure the house can be sold. But generally if it was your homestead you can sell it any time after filing the case if there is no argument by the chapter 7 trustee re your right in the house as homestead. I generally tell my clients to wait until the discharge and for the case to be administratively closed. Also i would want to know if you claimed the home stead exemption or your extra wild card in your chapter 7. If not you may have issues.... call your attorney.
www.KeithDCollier.com
The answer to your question requires a review of the public records and your bankruptcy file. I can offer a team approach. My wife is a licensed real estate broker and a title agent. I am a bankruptcy lawyer. You should schedule a telephone conference with us at no charge to examine your options.
