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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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what its the time frame the trustee have to sell my house

Customer Question

what it's the time frame the trustee have to sell my house
Submitted: 8 years ago.
Category: Bankruptcy Law
Customer: replied 8 years ago.

jersey city, New Jersey


Already Tried:
Nothing.....my lawyer doesn't know the answer, i tried online...
Expert:  Ellen replied 8 years ago.
Hello,

Please explain your situation in more detail. Are you in a chapter 7 bankruptcy? Did y ou surrender the house to the trustee or is a lender foreclosing?
Customer: replied 8 years ago.
yes i'm in the chapter 7, my lawyer said that the truestee can do however she wants, i still paying my mortgage .The judge discharge, but the trustee still wants to sell the house.and i don't think i have equity in the house, 2 apraisal was done, and also the market it's bad now, and i have one leaaking in my second floor bathroom,that i have to fix the second floor bathroom floor, my ceiling bathroom on the first floor and the basement floor too also another carpet on my living room, my house rigth now it' a disaster......i don't know what to do....thanks
Expert:  Ellen replied 8 years ago.
Hello,

The trustee can typically take her time to sell the house. However, you can possibly force the trustee to act. Since there is little or no equity in the house, you can ask your attorney to file a petition in the bankruptcy to compel the trustee to abandon the property or maintain it.

I hope that this helps.

Thank you,



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Customer: replied 8 years ago.
what it's the petition to compel the trustee to abandon the property? could you explain
Customer: replied 8 years ago.
i still don't know how long she can have to sell the house....
Expert:  Ellen replied 8 years ago.
Hello,

Your attorney can file a pleading with the bankruptcy court requiring that the trustee abandon or maintain the property. The outcome of the petition will determine whether she will sell the house, and if so, when.

I hope that this helps.

Thank you,



THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Customer: replied 8 years ago.

she already sign the mls to sell the house, i knew though the realtor, my laywer didn't say nothing to me, i tried 2 weeks to talk with him and the last conversaion on the phone he was very rude and asked "what hell" i want, i was very disappoint with his reaction, he also said to me to go to another lawyer, i filed the chapter 7 because he told me was the best to do and my house didn't be sale because i have litlle equaty, now thinks changes....i probable go to find another lawyer, but anyway, did i should receive some note from the court about the selling?The house it's on the market since octobre i still don't know how long she(the trustee) can have, sorry to bother you, but it's not clear for me the time frame she have.....

Expert:  Ellen replied 8 years ago.
Hello,

Thank you for the additional information.

The trustee is obviously not going to abandon the property. Thus, you will want to consider making no further mortgage payments. The trustee will have as much time as is required to sell the house. However, to evict you, she must give you thirty days notice of termination.

You may want to contact the trustee directly and ask her if she is willing to abandon the house. Explain about the poor condition of the home. If she agrees, you will be able to keep the house. In this case you would continue the mortgage payments.

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
Thanks veru much, have a nice day
Expert:  Ellen replied 8 years ago.
You have a nice day also. Best of luck to you.