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@michaels88369 wrote:
I filed on 3-31-15 and was discharged on 7-07-15. My case still shows open on pacer. My home was included in the bk and was sold to an investor by the trustee after my discharge. I owed $125k and she sold the house for $8,900. Yes just $8900!!! Not sure why it's 10 months later and the case is still open. Can anyone chime in on this?
I don't know the answer for sure, but I suspect your case won't be closed until the home sale is completed.
Since you still owed $125k on it the trustee could not have sold the home and delivered clear title unless the bank holding the mortgage was willing to accept the $8900 which is highly unlikely.
It is more likely that the trustee collected the $8900 for your Bk estate and sold the right to the buyer to negotiate a short sale with your lender. It would explain the 10 months delay (so far). When real estate has a mortgage lien on it the lien has to be paid off for the seller to deliver clear title without encumberances or the mortgage co has to agree to accept a lower payoff. These things are a gamble in that the lender/servicer is under no obligation to accept a short sale offer - they can just foreclose and then the buyer is out of luck and has lost their $8900. But if it pans out, the buyer wins.
Since you have your discharge in hand (as of 7-7-15) you should be on your way to rebuilding. This back office stuff doesn't stop you from moving ahead.
As always, check with your bk attorney.
I agree 100% with the response from startingover as I have witnessed that exact scenario ... an investor [my cousin] buying a foreclosed property at aution and then the lender getting it back from him by court order. My cousin lost 50% of his "investment" cash in that wacky transaction. Something is oreventing the deed to be cleared but I don't think that should cause the bk case/discharge from being completed. A good question for the bk attorney who hadled the case. I'm curious as to the outcome.