[COLOR=black]Here is my story in a nutshell: We put up our house for sale in 2006. In 2008, we got divorced. At the end of 2010, my ex-husband filed for Chapter 7 bankruptcy. He did NOT reaffirm the house. I had to stop making payments as I could not afford to live there without his share of the mortgage payment. Another reason was that for each buyer I did have on the house, the mortgage company refused to look at the offer because I was current on my house payments. Crazy, but true. As soon as I stopped making payments, they were more interested in looking at the potential offers I had on the house. [/COLOR]
[COLOR=black]The house is close to getting short sale approval. I am now finding out that the trustee on the bankruptcy has not signed off on the papers. She is waiting to see what happens in "foreclosure" to see if she can make any money for his creditors (and herself). She is basically forcing me to foreclose on my house unless I can come up with $5000 to give her. (she did NOT negotiate on this price- I tried) This $5000 will pay her off to abandon her interest in the property. (may I repeat that he filed bankruptcy at the end of 2010-almost 2 years ago!) I basically see it as extortion, but am looking for some opinions on this. She has actually held onto it for almost 2 years just waiting for a foreclosure to happen? This disgusts me. [/COLOR]
[COLOR=black]If my ex-husband would have affirmed the house, I would not be having this issue. [/COLOR]
[COLOR=black]My question to the community is: Can a trustee hold on to a property for this amount of time without signing off? Shouldn't I have been informed that a trustee is now "part owner" of the house with me? What is the time limit? Where are MY rights? [/COLOR]
[COLOR=black]It infuriates me that I have to pay this trustee off. I could file a motion to have a judge force her to abandon the property, but I do not have time to wait as my buyer is almost out the door as it is. [/COLOR]
[COLOR=black]Any thoughts would be welcomed. Thank you. [/COLOR]
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