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Effect of bankruptcy on a short sale proceeding?

Brooklyn, NY |

I need lawyer who who knows bankruptcy and real estate law. I filed bankruptcy 3 years ago, included the property in the proceedings since it was in foreclosure, I then transferred the deed to the person who took over the property for their own gains because i was still getting bills in my name and didnt want to be held accountable for bills being ran up by someone else, now they transferred it to a company or person and want me to do a short sale with them. Its been about 7 years dealing with this property.These people are very persist and down right harassing me to do business with them. I need to know my rights in this matter, what i can and cannot do?

Attorney Answers 4

Posted

If you included the real estate mortgage in your bankruptcy proceeding, did not sign a reaffirmation agreement, and received a discharge in your bankruptcy proceeding, then you no longer have any legal obligation on the underlying debt. If you were my client, I would advise you not to engage in a short sell transaction since the damage to your credit was the original foreclosure anyway. The risk with the short seller is that they might try to squirrel into the documents that you sign some sort of obligation for any remaining or resulting deficiency. I don't trust them. I'm not sure I trust he person that you transfered the property to. Good luck!

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Posted

Use the Find A Lawyer on this site to find a lawyer. Something doesn't sound right about your situation. You can't just transfer a property once you file bankruptcy.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

Has anyone been giving you legal advice that has a law degree? Seriously, when you filed bankruptcy and got your discharge, you were done with the liability to the lender. The only liability left was to third parties who might get injured on your property or violations of local ordinances such as maintaining your grass. Once you deeded the property to a third person, if it was done properly even those remaining liabilities were over.

Answers are provided for direction only; it is not a substitute for an office consultation.

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Posted

You say you filed bankruptcy 3 years ago, yet you need a lawyer who knows bankruptcy... how about your bankruptcy attorney? This whole thing sounds fishy. Are you the victim of a scam, or are you party to a scam?

I may be guessing or not licensed in your state. No atty/client relationship exists.

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