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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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Hello, My name is XXXXX XXXXX I have been trying to do a short

Resolved Question:

Hello,

My name is XXXXX XXXXX I have been trying to do a short sale but because I am in Bankruptcy I need to obtain a Motion to Sell. I tried to ask the attorney that filed the bankruptcy but, he would not do it with out paying $2900. That is the $750 to file the motion plus the amount that I would owe him if I would continue with the Bankruptcy which is not the case.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.

Hi JACustomer,

What is your Bankruptcy Law question, please? (What would you like to know?)

Customer: replied 6 years ago.
How can I Do a Motion to Sell on my own since I would like to short sale my home after trying all options to save my home failed? I tried to use the attorney that did the Bankruptcy but he is trying to charge me for the remainder of the Bankruptcy which would be fair if I continued with the Bankruptcy but I am mot.
Expert:  cfortunato replied 6 years ago.

The court will not allow you to file the motion yourself unless you fire your attorney. If you want to do that, here is the form, which has to be filled out and submitted to the Bankrutpcy court clerk: http://www.formsworkflow.com/d93797.aspx.

However, when the debtor's obligation to allow a Short Sale is discharged in a Bankruptcy, the only parties that benefit from the Short Sale are the lender and the buyer. As there is no benefit for you, you have the right to demand that the lender or the buyer pay for the motion to be filed by your attorney. Both are saving at least that amount by your allowing them to do a Short Sale.

I think this is what you wanted to know. If not, please let me know.

Thank you!

cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
I like your answer but, from this question I have another one! I had hired a realtor to do the Short Sale and I am worried that he might come aftere for breach of contract. He keeps calling me saying that he emailed me additional paperwork for me to sign and that he could find a paralegal to do the motion to sell. I was told by my previous attorney not to pay for a thing if I chose to do a short sale. However when I hired the realtor he had me sign an agreement stating that I would be reasponsible for any incidental costs. I regret signing those documents but it's not like the house is actually in a short sale unless we do the motion to sell, which I don't want to. If I ignore the realtor could he sue me for Breach of Contract?
Customer: replied 6 years ago.
You answered another question of mine and you said that once theforclosure sale occurs and I don't move out in three days that an unlawful detainer must be file by new owner. When the serve me with a summons and complaint how do I file an answer and how many days do I have to file it?
Then when the case is set for trial do I have to appear in court?
How much time do I have to move if the sale happens this Friday and I do what I said above?

Thanks!
Pan