How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2870
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
15345323
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

I LIVE IN FLORIDA.i just got discharged from a chaper 7.the

This answer was rated:

I LIVE IN FLORIDA.i just got discharged from a chaper 7.the reason i filed bankruptcy was a guy sold me a 600k house with-out telling me the house was a total loss. so i had a 735k mortgage(after refi after rehabbing whole house.bought home with builders risk insurance) on a uninsurable home with still major sink hole problems with the home.my question is can i sue even though i did not state that i may have a lawsuit when i filed bankruptcy(my attorney said didnt need to mentioned because i didnt know if i was going to sue him for sure) ?
Hi and thank you for your question. Since you are still the owner, and the lien stays on the property until foreclosure, you would still have the right to sue in state court for violations. As to the viability of the possible suit, you should talk to a real estate attorney,as many times it's buyer beware....if you purchased insurance, you may have an insurance claim. Bigger issue though, that I see is not listing the possible suit in the case. I would have disclosed the possible suit though in the case, since it was a possibility. That issue may harm you, and could be raised as a defense if the defects were known when your bankruptcy case was filed. This could get the case dismissed if it is brought up. Thanks for your question, go talk to a real estate attorney. Good luck.
Customer: replied 7 years ago.
i no longer owner house was in the bankruptcy. how does this change things
You are still the owner after bankruptcy - bankruptcy discharges the debt, foreclosure transfers title. so, until the lender forecloses, you are still owner of the property.
Customer: replied 7 years ago.
it is foreclosed and sold
Ok, then you have lost your standing to sue. Time to put all this behind you now that the bankruptcy has given you a fresh start. Good luck. Thanks for your question.
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you