Can I sell my house if I did not sign a reaffirmation on it after chapter 7 bankruptcy discharge? 22 Answers as of August 05, 2014

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes. But the lien may still need to be paid. You have no PERSONAL liability, but the lien is still valid (barring other possible defenses, like the statute of limitations).
Answer Applies to: Colorado
Replied: 8/5/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes, you can do that. sorry for the delay in responding, I was on vacation.
Answer Applies to: California
Replied: 8/4/2014
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Of course!
Answer Applies to: Texas
Replied: 8/4/2014
Stephens Gourley & Bywater | David A. Stephens
Yes as long as it sells for enough to pay off the mortgage or the bank consents.
Answer Applies to: Nevada
Replied: 7/31/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
Yes; it is your house. The bankruptcy discharge only discharges all debts including mortgage debts. The lien however will survive the bankruptcy and must be satisfied from the proceeds of the sale.
Answer Applies to: Minnesota
Replied: 7/31/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, you can sell at any time after your case is closed.
    Answer Applies to: New York
    Replied: 7/31/2014
    214bankruptcy.com
    214bankruptcy.com | Rustin Polk
    Yes, you can sell your house. Reaffirmation agreements are not required for houses.
    Answer Applies to: Texas
    Replied: 7/30/2014
    Hayward, Parker, O'Leary & Pinsky, Esqs.
    Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
    You are free to sell the house providing that your Trustee is not trying to sell it. If you have already received an Order of Final Decree from the Court, this means that the Trustee is out of the picture and you can do with the house as you please. You hopefully understand, though, that the outstanding mortgage lien has to be satisfied in order for you to be able to convey clear title, and the way the lien gets satisfied is by paying it at closing. Although the mortgage debt is discharged in your Chapter 7, it would have to be paid in full at the closing for the sale to be consummated.
    Answer Applies to: New York
    Replied: 7/30/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You should be nothing that would prevent you from selling your house, assuming that there are no title problems and that you have equity (if you do not have equity, it would require a short-sale). There is no requirement that you reaffirm your home loan; reaffirmation, in and of itself, does not give you the ability to sell or not sell an asset.
    Answer Applies to: California
    Replied: 7/30/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Certainly. You still own the house and can sell it. The creditor may or may not still have a lien. Normally, liens pass through bankruptcy and the lien would still exist whether or not you reaffirmed it. I say may have a lien because there have been all sorts of lien forgiveness as a result of the various programs of the federal government. The only way to be sure is run a title report and a credit report.
    Answer Applies to: Washington
    Replied: 7/30/2014
    LAW OFFICE OF RALPH L. WILLIAMS
    LAW OFFICE OF RALPH L. WILLIAMS | RALPH L. WILLIAMS
    Yes, reaffirmation of the debt on the house would not matter. Do make sure bankruptcy trustee either abandoned any interest in house or it was claimed exempt and the bankruptcy case has been closed by the court.
    Answer Applies to: California
    Replied: 7/30/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    You must wait until after the case is closed, unless the court enters an order abandoning the real property from the estate to you sooner. The reaffirmation agreement doesn't change your rights to sell.
    Answer Applies to: California
    Replied: 7/30/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    You should have no problem selling your house due to not signing a reaffirmation agreement.
    Answer Applies to: California
    Replied: 7/30/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You can sell if you can find a willing buyer and if your Chapter 7 case is closed. The fact that you have received a discharge does not mean that your Chapter 7 case has been closed. If your Chapter 7 case is still open, you will need to obtain Court approval to sell.
    Answer Applies to: Nevada
    Replied: 7/30/2014
    Ronald K. Nims LLC | Ronald K. Nims
    A reaffirmation agreement means that you are agreeing to pay a debt which otherwise would have been discharged in bankruptcy. Since you didn't sign a reaffirmation agreement on your mortgage, you're not liable on the debt but the lender still has a lien on the house. You can sell the house, but the mortgage would have to be paid off by your proceeds at closing. If the mortgage for more than the house is worth, then you can't sell it unless you get the bank to agree to a short sale.
    Answer Applies to: Ohio
    Replied: 7/30/2014
    The Troglin Firm | William M. Troglin
    Yes, you can sell your house after receiving a discharge in a Chapter 7. When you bought the house the seller conveyed title to you by a Warranty Deed or a Quit Claim Deed. Since you could not pay cash, you borrowed the money to buy it and gave the lender a Deed To Secure Debt or Security Deed ( put a lien on the property). When you filed the bankruptcy and do not reaffirm the debt you still own the house but have no PERSONAL liability on the debt. As long as you make the payments you can keep the house. If you quit making the payments the Lender will foreclose on the house but cannot come after you for any deficiency balance.
    Answer Applies to: Georgia
    Replied: 7/30/2014
    Wellman Law LLC
    Wellman Law LLC | Keith A. Wellman
    Yes, you are still the owner of the house. Your personal liability on the mortgage that's has been discharged, but they still have a lien that must be paid from sale proceeds and you are still the owner.
    Answer Applies to: Kansas
    Replied: 7/30/2014
    Idaho Bankruptcy Law | Paul Ross
    Yes. As long as there is equity, it should sell like any other home.
    Answer Applies to: Idaho
    Replied: 7/30/2014
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    Yes, as long as the existing mortgage is paid off and released, as well as any other liens recorded against the property.
    Answer Applies to: Kentucky
    Replied: 7/30/2014
    Barnhart Law Office
    Barnhart Law Office | Bruce C Barnhart
    Yes. Assets listed in your chapter 7 bankruptcy schedules become your assets, after the trustee has abandoned the asset.
    Answer Applies to: Nebraska
    Replied: 7/30/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    Yes, because once you have received your discharge order and your Chapter 7 case is closed, then the property is yours. Whether or not you signed a reaffirmation agreement has nothing to do with your legal right to sell your house.
    Answer Applies to: Pennsylvania
    Replied: 7/30/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Of course you can.
    Answer Applies to: South Carolina
    Replied: 7/30/2014
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