Trustee Sale of Property
Posted: Thu Sep 16, 2004 1:24 pm
Could the Trustee successfully move to force Debtor to vacate
real estate prior to the closing of escrow to sell based on these facts:
Ch. 7 Trustee has order authorizing the sale (Judge VZ). Escrow has not
closed, and to my knowledge there are loan contingencies which the proposed
buyer has not met such as obtaining an appraisal. Trustee is also
threatening to surcharge the homestead exemption for every day she does not
move out. It has been about one month since the sale order with no closing,
and Trustee is saying escrow cannot close due to Debtor being in possession.
My position is we will stipulate to vacate by a date certain following
closing of escrow and passing of title to the buyer.-Mike Chekian
Chekian Law Office
Michael Chekian, Esq.
11400 W. Olympic Blvd. #200
Los Angeles, CA 90064
(310) 390-5529 (Tel.)
(310) 445-8879 (Fax)
mike@cheklaw.com (e-mail)
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