Posted: Wed Mar 11, 2009 7:30 pm Post subject: TRUSTEE MAKING US SELL THE HOME-READ THIS
WIFE FILED CHAPTER 7 INDIVIDUAL-NOT JOINT-HER FATHER 2 YEARS AGO PAID OFF THE HOME HE HELD THE MORTGAGE WE PAID HIM A MONTHLY PAYMENT OF 720 UNTIL THE FULL 130 WAS PAID OVER 30 YEARS.THE ATTORNEY FILED THE PAPER WORK WE HAD A QUIT CLAIM DEED THAT WAS SIGNED 2 YEARS AGO AND NEVER RECORDED AT THE COUNTY-WE LISTED THE HOME IN THE BANKRUPTCY AS STATED BY THE ATTORNEY TO DO-MY WIFE`S BANKRUPTCY HAS BEEEN DISCHARGED AND SHE HAS PROOF--THE TRUSTEE-NOW WANTS US TO GET A APPRASIL ON OUR HOME TO DETERMINE WHAT THE VALUE IS SO HE CAN GET MY WIFE 1/4 PERCENT OF THE TOTAL SALE AS THE BANKRUPTCY TRUSTEE SAID WITH ALL FOUR OF US SIGINING A (NON RECORDED) QUIT CLAIM DEED 2 YEARS BEFORE THE BANKRUPTCY WAS EVER FILED SHOWS MY WIFE (OWNS) A 1/4 OF THE HOME AND THE BANKRUPTCY COURT IN DETROIT MICHIGAN WANTS US TO SEEL THE HOME SO WE ARE REACHING OUT FOR ANYONE WHO MAY HAVE A THOUGHT OR A IDEA TO WHAT WE CAN DO TO FIGHT THIS AS WE HAVE 4 SMALL CHILDREN THE HOME WAS NEVER RECORDED IN ALL FOUR OF OUR NAMES IT SHOWS MY MOTHER N FATHER N LAW AS THE OWNDERS OF THE PROPERTY-HOW DOES A NON<<<< RECORDED---QUIT CLAIM DEED--STAND UP IN BANKRUPTCY COURT THAT HAS (NEVER)BEEN FILED--PLEASE PLEASE PLEASE SOMEONE HELP US--THE ATTORNEY SAID THIS IS BIZZARE AND WE SPENT ANOTHER 3,000 TO HIM TO FIGHT THIS HOME-NON RECORDED DEED-IN MICHGAN BANKRUPTCY COURT---
Was the quitclaim deed notarized by a notary public? If it was, then I believe the deed is still legally valid even though it was no recorded. In such a case, I think the non-recorded deed can stand up in the bankruptcy court. However as the attorney had told you, this is a very strange situation and needs legal interpretation. Thus, getting help of an experienced attorney is the best option for you.
chaffin Guest
Posted: Wed Mar 18, 2009 5:49 pm Post subject: ex husband bankruptcy/ home ownership
hi- my husband and i were divorced two years ago. our home was in both of our names. he signed a quit claim deed giving it to me. the problem: the mortgage was in his name only. we agreed that since i am unable to obtain a mortgage on my own i would continue to make the payments on the existing mortgage (i his name). now he is filing for chapt 7 bankruptcy. will i lose the house? i am current on the mortgage payments. thanks.
jingle Guest
Posted: Wed Mar 18, 2009 5:56 pm Post subject: bankruptcy
My husband had filed for chapter 7 bankruptcy, we have been seperated for a year and I plan on filing for divorce. We own a home joint with both our names. During seperation he stayed in the home and did not pay the mortgage, now that debt is on me. Can I have him removed from the home ? the deed ? any suggestions- I want to be able to sell or rent it but he will not leave the house nor pay.
chaffin Guest
Posted: Wed Mar 18, 2009 5:59 pm Post subject: ex husband bankruptcy/ home ownership
hello again, i wanted to add that i am in missouri and my email is
"vlchaffin@yahoo.com" thanks again
[Email adress deactivated as per forum rules]
jingle Guest
Posted: Wed Mar 18, 2009 6:37 pm Post subject:
i also wanted to write that I am in Maryland and my email is "eaanderson19@aol.com" please get back to me thank you.
I don't understand why he wants to file chapter 7 bankruptcy when the payments are being made regularly. It will hurt his credit badly. However, I don't think he can list the property in his list of assets as he is no longer the legal owner of the property. But when he signed the deed is very important as any such transfer 1 year prior to filing bankruptcy can be considered invalid.
To remove your husband you need to get a quitclaim deed signed by him whereby he would give up his interest in the property to you. But that doesn't seem to be possible. As he is on the title, there is no way you can remove him from there unless he signs his interest willingly to you.
Thanks,
Jerry
Sheela Guest
Posted: Mon Mar 23, 2009 5:57 pm Post subject: Filing BK
My husband and I are unemployed and have several homes and credit card debt. We have one home that we own with no mortgage, and my mother-in-law lives in this home. We want to file bankruptcy. Can we do a quit deed on that property to give it to my mother-in-law so we can file?
Alessandro Guest
Posted: Tue Mar 24, 2009 1:38 am Post subject:
Hi Sheela,
As much as I know, any transfer within 1 year prior to filing bankruptcy would be considered as invalid. Thus, I don't think transferring the home to your mother in law at this point in time will be possible. However, you can consult the bankruptcy attorney you are seeing to file bankruptcy, and get his view on this kind of transfer.
simplythebest Guest
Posted: Thu Apr 02, 2009 5:15 pm Post subject: bankruptcy
My husband and I owe a house. He is the only one on the loan however I am on the deed. When he refinanced in 2006 they forgot to remove my name from the deed. I am considering filing chapter 7 bankruptcy. Can he remove my name from the from the deed. I am filing bankruptcy April 2009.
If he tries to remove your name from the deed now, it can be considered as a fraudulent transfer. Moreover, as far as I know, you will not be able to file bankruptcy within 1 year of this property transfer. I would advise you and your husband to consult a bankruptcy attorney before making any transfer.
By the way, why are you planning to file bankruptcy? There are various ways to avoid filing bankruptcy. You can check them out in the following link:
http://www.mortgagefit.com/bankruptcy/avoid-bankruptcy.html _________________ Procrastination is the enemy of your financial sucess
In the cases of bankruptcy, he is entitled to keep the house, 10k , and a car, so I don't think it's a good idea to have him deed the house to you because this can be seen as an attempt to hide assets, which is a big no no. _________________
Julie Guest
Posted: Fri Apr 03, 2009 6:34 pm Post subject: About to divorce, on title but not loan. What to do?
I am going to get divorced in the next couple of months. I am on the title of our condo but I did not sign for the loan. I live in Illinois and it's a community property state. What can I do to avoid being held responsible for the house after we're divorced?
If you do not want the property, you can sign a quitclaim deed in the name of your spouse. This will transfer the property to your spouse and thus you will not be held responsible for the property anymore. It will become your spouse's separate property.
jenkin7
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