Iwant to know if it isOK to sell my house after filing Chapter 7?

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Iwant to know if it isOK to sell my house after filing Chapter 7?

I filedfor  chapater 7 and was granted a discharge. It has been 1 year. I was able to hold on to my house and my retirement. I want to sell my house. My real estate person said that my mortgage was more than what I actually paid for my house. My Chapter 7 was granted on 10/09, the lien was filed on 07/09 (this is what my real estate person told me). However, I checked with my title company and there is no record of a lien. Is it ok to sell my house without fear of oweing more money?

Asked on October 26, 2010 under Bankruptcy Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What lien?  I am confused about what type of lien is on your house besides a mortgage.  I think that you have to see a real estate attorney in your area as to what is going on. If the house was protected in the bankruptcy and you came out of it already then it should be yours to do with as you please.  But is it possible that there were other creditors not listed in the bankruptcy that filed judgements against it?  Is it possible that those are what the real estate agent is talking about?  And be careful.  If your mortgage is more than the value of the house and the sale price there will be a deficiency judgement that you will be responsible for.  That has to be dealt with (i.e., asked to be waived).  Get help.  Good luck.


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