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Sale of House after discharge

Is is possible or legal for a trustee to place a lien of some sort without advising the bankrupt of this action?

When I initially filed for bankruptcy, the trustee sent out letter to the mrtgage holders of 2 properties that I owned. The trustee indicated that they had no interest in the properties and that the mortgage holders may do as they wish with the properties. In the event that there was a surplus after the sale, then the surplus should bee forwarded to the trustee.

The mortgage holder had informed me that as long as I continued to keep up the payments they would allow me to keep the properties.

After being granted an automatic discharge and wanted to sell the investment property, I was surprised to learn that the investment property was in the trustee’s name. At no time did they tell me that they were going to put the property in their name.

I wish to move forward with my life and would like to sell my primary residence. I am now very concerned that the trustee may have taken some action such that when the sale is complete, the proceeds would go to him.

The trustee has never communicated to me that they were going to put their name on the deed of the property. The trustee wished me well with my life after being discharged and did not indicate that they have taken any measures to have any proceeds directed to them. Hence my surprise with the action on the investment property.

In December 2006, the deed of my primary residence was still in my name. I was discharged in September. My ex-husband wanted his name removed from the deed and for it to be solely in my name. This was done with my lawyer.

Is it possible for the trustee to register something on my principle residence after being discharged without notifying me?

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2 Responses to “Sale of House after discharge”

A licensed trustee said...

This is a matter that you need to take up with your trustee.

It is not uncommon when a person files bankruptcy for their trustee to register on title for any real property (land, buildings, etc) that the bankrupt owned prior to filing. Technically, when you filed bankruptcy these properties “vested” with your trustee and an argument can be made that your trustee was required to register on title.

Regardless, you will need to contact your trustee to find out why the registration has not been removed and how you go about having it removed now.

Anonymous said...

Does this mean if you were able to keep your home after going bankrupt, that the trustee has his name on your property and you can’t sell it in the future?

Thanks!