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Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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The trustee wants to sell my home as is. I feel this is completely

Customer Question

The trustee wants to sell my home as is. I feel this is completely unfair due to many problems with the property . I have a large judgement and the creditor wants to mislead a buyer since its the same property that I lost the lawsuit.Is this ethical? I had to delete my owners comments on zillow ect for the trustee got mad but the home has 600 feet not permitted.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Fritz replied 1 year ago.

Fritz :

Hi, I'd like to assist you with your bankruptcy questions this morning.

Fritz :

What do you mean when you say "the home has 600 feet not permitted?"

Customer:

The adding to the home that used to be a walkway around the house and a patio to get the square footage. They did not pull a permit for this.

Customer:

Sorry they added on

Fritz :

So to clarify, you had a large money judgment entered against you, you filed bankruptcy, and now the Trustee is selling your home to pay your creditors, is that correct?

Customer:

yes the seller lied to me and on the stand as well to win the case.

Fritz :

Are you in a Chapter 7 or 13 bankruptcy?

Customer:

7

Fritz :

If the seller (presumably the Trustee at this point) discloses all defects on the property, I believe it can be sold as-is...

Customer:

he is not going to disclose anything

Fritz :

Let me double-check, as I do know offhand that California law requires more substantial disclosures than in other states.

Customer:

k

Fritz :

Foreclosure sales and court-ordered transfers are actually EXEMPT from the disclosure requirements typically required under California Civil Code Section 1102.

Fritz :

See this link from the State of California Department of Real Estate: http://www.dre.ca.gov/files/pdf/re6.pdf

Customer:

great thank you. Brian.

Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Fritz and 5 other Bankruptcy Law Specialists are ready to help you

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