341 and we get this so-called "diligent" trustee

[freeatlast09]

Just tell the real estate agent that you want to hang out at her place during the inspection. I'm sure she would be comfortable with that.

This whole thing is ridiculous - I mean a complete inspection without knowing what BofA is even going to do??? I guess I shouldn't be surprised. Nearly every real estate agent I've ever met is focused on three things 1) commission 2) commission and let me see.... oh yeah 3) commission.

Anyway - I hope all this goes well for you. Keep us informed.

All the best.

[tobee43]

has des points out, you are still the titled owner of this property and their is absolutely NO court order that stating you must leave.

this person is NUTS really crazy and i so agree with the others that you must stay the entire time. for a few reasons (those pointed by des and others) and just to get her goat the (and the quote the queen of words and phases Valle) bee-yotch! i would follow them from room to room and take and if she tries to take you aside and tell you to get lost i would tell her to bad, make me.

[df04527]

I would sooo be there the whole time also along with my dog who would bark, follow them around and sniff them to death!

[despritfreya]

An inspection has been scheduled for Saturday. . . AND a demand that we make ourselves scarce and not be there at all the whole time.. . .So then the tone turns. . . to telling us things like "if you are there and say something is wrong or isn't wrong, they can come back and make a claim against you later".

Absolutely NO. You should be present the ENTIRE time. Strangers walking in the home. What’s to say items won’t be stolen. What happens if someone gets hurt and alleges the injury was caused by your negligence?

And print this out for the realtor:

1. You are still the titled owner of the home;
2. Your job is to cooperate with the Trustee which means - not interfere with his duties. Leaving your home is not a requirement - unless ordered to do so by the Court. All you have to do is stay in the back-ground;
3. Trustee’s bond probably does not cover theft of your personal items or injury to a third party if it is alleged that the injury was the result of something you did or did not do (slip and fall on a banana peal comes to mind). Nor does it cover your children’s health issues if leaving the home causes any illness to get worse.

And as to any comments you may (but don’t) make, you are not liable to any buyer since you are not a party to the contract. The realtor has E&O coverage therefore any disclosures that are or are not made that are material to the decision of the buyer will fall to her and the seller (trustee) in any suit. Oh, as it relates to this point, tell her to stop pretending to be a lawyer.

Des.

[ValleYum]

What a bee-yotch this Realtor sounds like. I would so be there the entire time. If she asked why I'd say, "We're bankrupt and sick, ma'am, we can't afford to be anywhere else for 5 hours."

I would also run for the bathroom making retching noises every 10-15 minutes or so during the duration of their visit.

[Resigned2BK]

Ahem!! BULL*&#!!!
This realtor seems to have mistaken you for a motivated seller. Damn straight you'll be there. Not to wish that anyone there actually will still be sick, but here's hoping for a few well placed barfs, sneezes, and other pleasant ways of welcoming these strangers into your home.

Good luck R2. Hope you don't really get sick.

Yeah, that's what I felt like too! We are NOT motivated to sell the place. In fact, the further the price goes down, the more likely BofA will never approve the offer!

[keepsmiling]

Ahem!! BULL*&#!!!
This realtor seems to have mistaken you for a motivated seller. Damn straight you'll be there. Not to wish that anyone there actually will still be sick, but here's hoping for a few well placed barfs, sneezes, and other pleasant ways of welcoming these strangers into your home.



Good luck R2. Hope you don't really get sick.

[Resigned2BK]

New update:

An inspection has been scheduled for Saturday. No bothering to ask us what is convenient for us, just bull moose a time. AND a demand that we make ourselves scarce and not be there at all the whole time. Thing is, we had a kid barfing last night in bed and one barfing in the car today while we were driving around looking at possible new accomodations, so DH emailed (they email rather than call about such an important detail) asking why we can't be there, hey we have a couple kids that are pretty sick today and might be coming down with something, we've all in the house been fighting something or another since late February when the stress of all this started to break us down. So then the tone turns from happy shiny to telling us things like "if you are there and say something is wrong or isn't wrong, they can come back and make a claim against you later" (really, lady? this is a BK discharged house) and "the buyers won't feel like it's their place if you're there" (yeah, that's because it's OURS not THEIRS) and "it might seem like an easier thing if this falls through, but then the price will drop and an investor will come in and they tend to not be so nice!" Oh, really? Like you think we're sitting here thinking this is all rainbows and kittens the whole time. Phooey.

So, anyway, after DH talked to his dad, we decided we're going to be there for at least some of the time. After all, things have to cleared out of spaces so the inspector can get to different crawl spaces and access points and we don't want these people to break something we care about because they aren't careful about moving things around. We will play dumb towards any questions about the house and neighborhood. We just don't feel like trying to waste 4-5 hours doing a mall outing or something, especially since eldest daughter has a birthday party to go to for one of her classmates later in the day anyway.

[Resigned2BK]

The already wrote off the HELOC, so it's really just a $35K loss at this point. Also, the agent didn't lower a second time, what happened is a buyer said they will only pay $25K below the lowered price the agent had it at.

[freeatlast09]

What I just can't believe is that BoA will agree to that price when you owed $250k +/- between your first and your Heloc PLUS pay the Trustee a carve-out fee!

I'm with ValleYum - That's an $80k+ hit for BofA. Stranger things have happened though so who knows. That bank does some odd things...

BTW - this is just like our case again. They lowered the price down to a level which would be huge loss for BofA and then there was an offer. The sale was marked 'pending', the agent submitted the offer information to the bank and at that point is when BofA started asking for our post-discharge financials before they could approve the short sale. I'll be very curious to see if the same nonsense comes your way. If it does, maybe you can use it as a stall tactic?

Even if this sale goes through, I do think you have quite a bit more time to save some cash and as Des pointed out - you would avoid the foreclosure on your record.

All the best.

[Resigned2BK]

Sure, Des, will try to remember.

I just feel like lazing around in a deep depression, but I'm forced to keep going to look for housing.... I know there are upsides, just not in a mood to think about them right now.

[despritfreya]

Just plain sucks. On the bright side, you will not have a foreclosure on your record. Don't know how a short sale reports.

R2BK, if and when you receive the Applicaiton to Sell, can you try to post it (removing all private info)? I really would like to see how this game is played by a Trustee.

Des.

[ValleYum]

Ugh, ugh ugh!!! I am so sad and mad for you, R2BK.

What I just can't believe is that BoA will agree to that price when you owed $250k +/- between your first and your Heloc PLUS pay the Trustee a carve-out fee! Is the pending period the time when they present the bank with the deal?

Please keep us all updated. Your family is in my thoughts.

[Resigned2BK]

Our place is pending now! The price was lowered down to $170K yesterday and now it's pending. Ugh. Still don't have a solid income to show to a potential landlord, oh what fun.

[despritfreya]

Unfortunately, no "abandonment" type language. While the lender is free to exercise its state law remedies, the property is still property of the estate. So much for that. As to the loan mod issue, I do not know if that would throw a wrench into a short sale attempt by the Trustee.

Des.