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MFRS granted - is subject property still property of bk estate?
Clients converted from 13 to 7 after deciding they could not afford house.
We had adequate protection agreement which was breached by non-payment of
note. Creditor eventually filed declaration and got stay lifted. Client is
short selling the house. Title company won't insure without court order re
sale. They say subject property still property of the bk estate. Yes or
no? (I want a "no" answer). If it is not, please give chapter and verse
so I can have ammo to convince title officer.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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Pat;
It is property of the estate until abandoned.
All the short sales I have pending don't like that answer either. I
tell them how much it costs to do a motion to abandon (or sell), or they
can wait until the case closes. As to the motion to abandon, which I'd
prefer to do, that depends on the title company, as they may prefer the
motion to sell. The clients/realtors always wait for the case to close.
Steve
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