sheriff sale/real estate contract - phila pa

[1monkey4me]

Question: My husband filed for Chapter 13 bankruptcy 2 years ago. I was under the impression our mortgage was being taken care by our monthly payments to the Trustee. The mortgage company apparently asked for and was granted a stay - my husband was notified of this and did not tell me, nor did we pay our mortage for over a year. My husband received notice of sheriff sale in January 2006 (did not tell me) and a couple of weeks later entered into a contract with a realtor to sell our house (realtor not aware of sheriff sale to be held in May)....

Can he sell our house through a realtor when it is up for sheriff's sale?
Was it fraud when he entered the real estate contract?
Should I move out and run far far away from him?

PS he also told me the realtor and attorney both informed him it was ok to enter the real estate contract and that he can go ahead and sell the house even though it is up for sheriff sale in May????

thanks - tammy

[pojo2]

Can he sell our house through a realtor when it is up for sheriff's sale?

As long as the Mortgage company goes along with it. If there is not substantial equity he may need to come up with a hunk of change to complete the sell. The Mortgage company will probably have to approve all aspects of the sell at this point.

Was it fraud when he entered the real estate contract?

Not as long as everyone is made aware of the situation.


Should I move out and run far far away from him?

That is your call and you will have to decide if you want to continue your life with a deceptive individual with whom you have NO communication on improtant issues in your lives. I would have been gone already.

[1monkey4me]

Thank you so much for the advice. More issues have surfaced that have made my decision clear. I am gone on March 1, 2006. What a waste of a life with this idiot! Thank goodness I never signed any joint contracts or agreements with him. I hope he finds a nice refrigerator box to live in! Thanks again!