HHM-Auction/private sale - Question????

[Minnymouth]

You are aware of the unperfected title issue on my mobile home.
Recently the trustee requested the court for an auction and/or private sale.
As you are aware the trustee controls the mobile home and the bank has control of the land.
Yet, the petition to the court stated an auction/private sale for the land (real property) and mobile home (personal property).

Question,
How can the trustee petition the court to sell the land at auction/private sale if the bank owns it???
I'm aware he can the mobile home, but how can he the land?? Does it not still belong to the bank???

Also, do they have to go thru this procedure (Petition) to sell the mobile home back to me in redemption.....???

If I have a written agreement with the bank and the trustee on a "buy-back (redemption), can they still void this and take it to auction??

Also the land has never had "foreclosure" proceedings started..... can they sell it without foreclosure first???

Hope you can help!!!

Minny

[HHM]

Question,
(1) How can the trustee petition the court to sell the land at auction/private sale if the bank owns it???
I'm aware he can the mobile home, but how can he the land?? Does it not still belong to the bank???

(2) Also, do they have to go thru this procedure (Petition) to sell the mobile home back to me in redemption.....???

(3) If I have a written agreement with the bank and the trustee on a "buy-back (redemption), can they still void this and take it to auction??

(4) Also the land has never had "foreclosure" proceedings started..... can they sell it without foreclosure first???

Hope you can help!!!

Minny

1. I don't know, unless he plans on paying the bank out of the proceeds, or maybe because the screw-up in the title issues, maybe the bank does not have a valid lien. But really, I don't know.

2. Yes

3. They shouldn't.

4. Again, tough to say in your case becuase of the title issues.

Sorry, I can't be of more help.

[Minnymouth]

Thanks so much for the input, I agree with you and someone else told me the basically the same answers.

I was also told they could not "waive" my right to redeem....and sell it to someone else,especially since we already have a written agreement to buy-back.
I was also told that they would have to foreclose on the land issue since the deed is in my name and the bank holds the note on the land only. (especially if they want to sell it to anyone but me)

This has been a real mess for a simple Chapter 7.....
15 months of this......really nerve-wrecking.....

Thanks so much,

Minny