Legal Question in Bankruptcy in Utah

Sale of property after bankruptsy discharge.

We have a property that is in foreclosure. Is there a way that we can sell that property before it goes to auction?


Asked on 7/18/01, 10:51 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Sale of property after bankruptsy discharge.

Yes you own the legal title up to the final sale. You will have to get enough to pay off the foreclosing mortgages and legal fees. If you want to sell on a contract you will have to get enough to pay the arrearage on the mortgage and the legal fees.

You can also sell by taking enough down to apply to the mortgage and legal fees to stop the sale, and then take the balance at closing.

Most of the time the foreclosing party will postpone the foreclosure sale if you have a deal in escrow. Your escrow officer can contact the foreclosing party and advise them of the pending sale. They can make arrangements for the payment of the debt, and you will get the remainder.

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Answered on 7/18/01, 12:30 pm


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