New York, NY asked in Bankruptcy and Foreclosure for New Jersey

Q: I filed chapter 13 it was dismissed so I filed 13 again that was dismissed so I filed chapter 7 it was accepted but home

Still sold is something I can do to get home back

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2 Lawyer Answers
Justin M. Gillman
Justin M. Gillman
  • Bankruptcy Lawyer
  • Edison, NJ
  • Licensed in New Jersey

A: This depends greatly on the timing and more specific review of the legal issues involved.

The Chapter 7 Trustee likely chose to "abandon" the trustee's interest in the property due to a lack of equity. When certain documents were filed and a discharge entered, depending on any prior orders in the 2 Chapter 13 cases you filed, that likely allowed the foreclosing plaintiff to complete a sale of the property.

It would be strongly recommended that you review with an experienced attorney as soon as possible to determine if you have any legal rights or options at this time.

Lloyd  Nolan
Lloyd Nolan

A: Assuming yout home was sold at foreclosure I think that you are out of luck, unless you approach the new owner(s) and you are able to negotiate a deal to buy it back. This is highly unlikely. Sometimes the new owner will allow the prior owner to rent the home. This is still a rarity. If a property is sold for delinquent tqxes, most States have a period of time in which you are able to redeem the property.

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