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  #1  
Old 10-18-2004, 11:35 PM
koss
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Posts: n/a
Question

Want to sell house, already filed bankruptcy, house in collections now


What is the name of your state?What is the name of your state? Ohio

Ok, I have been reading and searching for any posts like my situation but haven't seen one like mine - so here goes.

I want to sell my house. Immediately to avoid any type of foreclosure.

Due to divorce a year and a half ago, I had to file bankruptcy 6 months later due to behind payments from ex-wife while we were married (she was paying house payments at the time). (she has signed and given me a quit-claim deed for the house - so it is now soley mine as far as I know).

But now, I have been struggling with the payments due to child support and bankruptcy repayment money coming directly out of my paycheck. I tried to pay my house payment today, and they said (CitiFinancial) that my account has been handed over to collections (which I know I am 2 months behind - not the last 2 months - but 2 months skipped over the past year). It has been almost one year exactly from the date of my bankruptcy - to the date.

Here is my question, and I hope I have given enough information.

I have read alot of responses from HomeGuru, and they are really short and sometimes harsh. Please, I am looking for honest detailed help. And HomeGuru if you answer thanks ahead of time!

I am asking:

1: Can I sell my house right now?

Best possible scenario is for me to get out of this house payment (Due to the fact that I can barely afford it).

I am considering calling an auctioneer due to time constraints, but would rather go through a real estate agent, but I am not sure if time will allow due to it being in so called 'collections'. I am not sure if I can even sell at this point due to this.

However...

2: Will collections ask for the 2 months payment and leave me be if paid to them? I tried to call the collections/lawyers office today and did leave a message giving my address and phone number. I left a detailed message and asked them to call me back - they did not call which concerns me.

If I can pay the back amount due, then I can list with a real estate agent and keep payments current until sold. This would enable me to sell it at least for some kind of profit.

Any suggestions?

Thanks in advance for time and consideration!!!!

Kóss
  #2  
Old 10-20-2004, 10:30 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by koss
What is the name of your state?What is the name of your state? Ohio

Ok, I have been reading and searching for any posts like my situation but haven't seen one like mine - so here goes.

I want to sell my house. Immediately to avoid any type of foreclosure.

Due to divorce a year and a half ago, I had to file bankruptcy 6 months later due to behind payments from ex-wife while we were married (she was paying house payments at the time). (she has signed and given me a quit-claim deed for the house - so it is now soley mine as far as I know).

But now, I have been struggling with the payments due to child support and bankruptcy repayment money coming directly out of my paycheck. I tried to pay my house payment today, and they said (CitiFinancial) that my account has been handed over to collections (which I know I am 2 months behind - not the last 2 months - but 2 months skipped over the past year). It has been almost one year exactly from the date of my bankruptcy - to the date.

Here is my question, and I hope I have given enough information.

I have read alot of responses from HomeGuru, and they are really short and sometimes harsh. Please, I am looking for honest detailed help.

**A: and when the really short and sometimes harsh responses are honest, so be it.
**********

And HomeGuru if you answer thanks ahead of time!

I am asking:

1: Can I sell my house right now?

**A: yes, if you are out of BK and find a Buyer to buy right now. If you are still in BK, you would need the BK Trustee's approval to sell.
**********

Best possible scenario is for me to get out of this house payment (Due to the fact that I can barely afford it).

***A: see above.
********

I am considering calling an auctioneer due to time constraints, but would rather go through a real estate agent, but I am not sure if time will allow due to it being in so called 'collections'. I am not sure if I can even sell at this point due to this.

**A: see a real estate agent that specializes in selling foreclosure/BK type properties.
*********
However...

2: Will collections ask for the 2 months payment and leave me be if paid to them? I tried to call the collections/lawyers office today and did leave a message giving my address and phone number. I left a detailed message and asked them to call me back - they did not call which concerns me.

**A: if I could read their minds, I'd tell ya.
**********

If I can pay the back amount due, then I can list with a real estate agent and keep payments current until sold. This would enable me to sell it at least for some kind of profit.

Any suggestions?

**A: hire a real estate attorney to help negotitate with CITI and also explore your options.
*******

Thanks in advance for time and consideration!!!!

Kóss
**A: no problem.
  #3  
Old 10-25-2004, 03:54 PM
Member
 
Join Date: Sep 2004
Location: Philadelphia, PA
Posts: 363
Another option is to get the mortgage included in your Ch 13 plan, which will give you a stay from collections calls and give you some time to sell the house with the Trustee's approval.

If it's already included in the bankruptcy, and you didn't reaffirm it, they should not be calling you.
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