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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17210
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I am a realtor and have a client who was at one point in a

Customer Question

I am a realtor and have a client who was at one point in a short sale almost foreclosure situation. They ended up filing chapter 7 bankruptcy and had the mortgage discharged as an unsecured debt. The bank didn't challenge it with a B10 form and didn't put a motion to lift the automatic stay. I guess it was discharged after that. Can she sell the property herself or does the banks till have rights?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on


The discharge of the loan, does not remove a name of the owner from the deed, so the owner can still sell the home,


Typically the lender would have to foreclose or take legal action to have the name removed from the deed, if the owner does sell the home the lender would still have to be paid off at closing.