Should I file motion for abandonment or reaffirm the loan to get the records cleared up so I can sell the house quickly? 7 Answers as of August 29, 2017

I received a discharge in January 2012. My home was included and I refused to cooperate in a short sale. I managed to hang onto it and received a loan modification (not reaffirmed) in early 2017. Now, I want to sell my house but records still show the trustee has an interest.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
So how did you get a loan mod? That is very odd. What paper work says the trustee still has an interest? Is the case "closed"? You can check that, information available on the court records. I doubt that what you are looking at is accurate.
Answer Applies to: California
Replied: 8/29/2017
Stephens Gourley & Bywater | David A. Stephens
You will need to get the trustee to sign off on the sale or an abandonment order from the court.
Answer Applies to: Nevada
Replied: 8/28/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
What records show the trustee still has an interest? Sure would have helped had you indicated whether your Chapter 7 case is still open or is closed I suspect you are receiving bad advice.
Answer Applies to: Nevada
Replied: 8/28/2017
Danville Law Group | Scott Jordan
If the bankruptcy case is closed, the Trustee has abandoned the property. If the bankruptcy case is still open, you will need to make a motion to abandon and close the bankruptcy case.
Answer Applies to: California
Replied: 8/28/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It's too late to do a reaffirmation. Why not have your lawyer contact the Trustee with the relevant information and ask him to remove the item? Or you could do it yourself. Also, you can write the three major credit reporting agencies and ask for a correction. They are obligated to attend to your protest.
Answer Applies to: Wisconsin
Replied: 8/28/2017
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Pay an experienced BK lawyer for one or two hours of their time to review the BK file with you. It is hard to answer specific questions without looking at your file. Otherwise, its a pure guess.
    Answer Applies to: Colorado
    Replied: 8/28/2017
    Ronald K. Nims LLC | Ronald K. Nims
    The loan modification isn't valid. If the trustee filed a lien against the property, you need to file a motion for abandonment.
    Answer Applies to: Ohio
    Replied: 8/28/2017
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