So I have a file with B of A just sitting idle until I can get the trustee to release the home to sell. I have my clients attorney and my negotiator at Bank of America going back and forth over the correct procedure to get this accomplished.They feel as though the rules and regulations for all Chapter 13 cases are the same across the country, when they are not.
I need a contact inside of BAC's BK department if at all possible.
Thanks!
Replies
The trustee needs to file an abandonment letter for the property. This "separates" the property from the BK. Then B of A needs a copy of this. They then release the BK code in their system. I had a negotiator that did NOT understand this and kept wanting the Trustee Abandonment letter coupled with either a Case Closing or the BK or Discharge along with Trustee Abandonment letter....!!!! Are you insane? Once the property is REMOVED from the BK and is no longer A PART OF or ATTACHED to the seller's BK with OTHER CREDITORS....B of A CANNOT legally force the seller to CLOSE or DISCHARGE his BK filings with OTHER creditors in order to sell his HOUSE... I finally had to go OVER This negotiator's head and straight to BK dept...and once explaining this to them...THEY understood and PRESSED the CORRECT BUTTON releasing it from the BK code in their system.... It's amazing how things can get stuck when you are dealing with ONE perosn and then their managers who do NOT understand WHAT they are doing. All I did was call customer service and ask for the BK dept and they connected me and I spoke to a manager of the BK dept and wrote down their ID number and name and way to contact them. Then I let the Office of the President and Customer Advocacy Dept and Escalations dept become aware of this. Hope this helps.
I've already done all this unfortunately. The BK department keeps telling me their lawyer needs to get the court to release the home and their lawyer keeps saying that B of A needs to issue an approval letter before she stands any chance of the courts releasing the home!
I feel like beating my head on a wall over this file........Doesnt seem that damn hard to get the release. I want to know point blank who needs to do what ugh......
Thanks for your help!
Phone - 800-669-5224
Fax - 800-658-0395