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Old 09-08-2005, 06:39 PM   #1213
Penske_Account
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Motion to Compel Abandonment

Quote:
Originally posted by Spanky
This entire transaction will go through a escrow, will be fully insured, and will be recorded. There are no issues concerning the integrity of the transaction. I have bought fourteen houses where the owner is in distress. On most of these transactions the owner was either in bankruptcy (and had been for a while), had just gone through bankruptcy and went into bankruptcy after the transaction.

Where this property is different is that the homeowner filed bankruptcy right in the middle of my negotiation with the lien holder (the bank that lent him the money). I told them the homeowner could not avoid bankruptcy much longer so they had better give me an offer to complete the transaction. The bank didnh't believe me, screwed around, and the guy went into bankruptcy. Now I can't complete the transaction because the Trustee is in control of the house.

Now the bank is ready to deal but the house is part of the bankruptcy. It will take at least a month for the trustee to organize all the paperwork to determine that the homeowner is upside down in the house and a shortsale would be the best for all players involved.

The Trustee assistance, told me the only option I had to speed up the release of the house was...........A motion to compel abandonment. I have never even filed any motion in bankruptcyu court, and when I practiced law I always asked around for forms (why reinvent the wheel) so that is what I am doing here.
Gotcha. I only transactions, although Slave was right, google the form and there is a link to one here, although it is for Arizona. Although that's the ninth circuit.

http://www.usforms.com/forms/AZ/c/AZ-C-310-6385.pdf

I want to do what you do. Should I quit my day job? Slave don't answer!!
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