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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17179
Experience:  B.A.; M.B.A.; J.D.
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Recently was discharged in a bankruptcy that involved a home

Customer Question

recently was discharged in a bankruptcy that involved a home that I had - 9 years ago I was forced to put in a new sewer system and needed to pay the health dept of lake county a fee once a year for testing of the water and pay a maintenance company to oversee the sewer and this all went thru the EPA Now that the bankruptcy has been discharged as of Jan 4th, 2016 I received another bill from the health dept asking for another 160.oo for testing of the sewer. I haven't been in the house since Sept of 2015 and had the electricity turned off in October of 2015. The bank (chase) went to court in feb, 2016 after my discharge and got a stay of abandonment for the house. My attorney says their is nothing he can or will do to solve this dilemma - what is a stay of abandonment and how would I get the house out of my name from the auditors office
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 6 months ago.
Relief from Stay and Abandonment of Property by the Trustee occur when the lender applies to the Court for authorization to proceed with the foreclosure and for the trustee to release, to abandon any claim on the property so that the lender would be free to proceed with the foreclosure. Unfortunately, your name would remain on the title until the lender has foreclosed or you sell the property and pay off the mortgage. Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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