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Quitclaim prior to bankruptcy - How does it affect?

My husband is in deep debt and we have a house together. He is planning to file for bunkrupcty but before doing that he is planning to do a quit claim on our property to me. I have excellent credit and i dont want to file for a bunkruptcy. Is it good move for him to do a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit deed[/url] then fiile for bunckruptcy? How will it affect me?

Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Irenedimapilis,

I don't see any reason why your husband wants to sign the deed. If he has a mortgage, then signing such a deed will not relieve him from paying the unpaid loan balance. This also depends on the type of bankruptcy he files. He may get rid off all his debts through [url=http://www.mortgagefit.com/bankruptcy/chapter7.html]Chapter 7 [/url] and in that case, signing the deed does not make any sense. But he will definitely have to pay a part of his debts through Chapter 13.

But I would suggest that your husband consider a few ways by which he can avoid filing bankruptcy. And, if he does not have a mortgage then he can quit claim the property to you so that he does not lose his house.

God Bless You.

Thanks.
For MortgageFit,
Samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

It is not a wise decision on the part of your husband to quit deed the property before filing bk as any transfer of property within one year of filing bk may be seen as a fraudulent attempt and the trustee may reverse that transfer.

I shall advise you and your husband to consult a bk lawyer before making any transfer.

Murphy

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex-husband of 10 years is in deep financial trouble. In fact he is in serious danger of losing his business and a home he purchased 5 or 6 years after our divorce. I am holding a quit deed for a home we purchased together prior to our divorce. In the divorce settlement I was awarded the property but have never refinanced the loan which was in both our names. I have made all the payments since day one. My question is, Can his creditors come after my property to settle his indebitness? If so, What can I do to protect myself?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Christi,

I feel sorry for your ex-husband's condition. But I am surprised to know that you didn't refinance the loan in your name.

It is always better to sort out any joint debts at the time of divorce under the divorce attorney.

In your case, though I don't think it is going to be a problem. I would like to know if your husband has completely transferred his interest in the home to you.

If he doesn't have any right in the home you are talking about then the creditors should not come to you for it.

You are paying for the joint debt that you have and so far anyone of you continue to pay it off, there is no problem for your or your property.

I shall advise you to consult your lawyer to get him all the details and keep yourself safe.

By the way, your post subject states - "Quit Claim Deeds and Bankruptcy". Is your husband planning to file bk?

James

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I purchased a home in my name and added my husband to the quit deed later. My husband is now filing Ch 7, how does this affect my home? Does he add it to his bk when the loan is in my name?

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

The bk filing may not affect your home if it is an exempt property. Laws regarding exemption vary from state to state. There are 16 states allow debtors to elect the bankruptcy code exemptions. In such states, debtors are allowed to make a choice between federal exemption and state exemptions. You may have to consult a lawyer for the list of exemptions available to you.

Thanks,

Sara.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and i are seperating, and he is filing for divorce. My name is on the deed but not the lean on the house. Could i sign a quit deed and remove my name before he goes bankrupt?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello Amy,

You can take out your name from the deed by signing a quit claim deed before bankruptcy. Make sure to record the deed at the county clerk's office so that it becomes valid.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Three years ago I signed an agreement with my cousin to purchase a house he was renting out at the time. We agreed to 40,000; notarized the agreement; my mother lives in the home; in December 2007 I will have made my final payment. He called me yesterday to tell me his lawyer misrepresented him earlier this year when he filed bk; so he now has to convert his [url=http://www.mortgagefit.com/bankruptcy/chapter13.html]Chapter 13[/url] into a chapter 7 and the judge he saw told him I should get a quitclaim deed before bankruptcy on the house. I'm sure the judge did not understand my cousin owes 35,000 on the refinanced house, and I have paid nearly 40,000 to him that he has not given the mortgage company. He ownes the home he lives in and the property we were to exchange, he said both are in jeopardy d/t misrepresentation by his lawyer that he claims he is suing also. I want the home I bought, but I do not want to be responsible for any monies that he owes on the home. I have paid all of the taxes for the past 3 years as well as the upkeep. What a sticky situation; he wants me to do a quitclaim today (11/29/07) before Friday (he won't clarify why before friday.
Feeling not so smart in Nebraska -Tina

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex husband and I were in a chapter 13, we were granted the divorce in January this year. Since then the chapter 13 has been dismissed (Oct 07) and he wants to file chapter 7. The home was granted to me once the chapter 13 was complete. The divorce papers say that I have 6 months to refi... Can I do a quick deed to save the home from being included in his chapter 13? Currently it is in both our names.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello Tina,

Sorry for the delayed response.

Is it so that you are already on the title and your cousin wants you to sign a quit claim so that he may include the property in bk?

If you already have ownership rights, then you should not sign a quit claim to handover the property to him.

The mortgage is still in his name and if there's default in the monthly payments, the lender could foreclose on the property.

Do you have any document to prove that you have already made the payments?

If your cousin wants to transfer the ownership rights to you now before filing Ch 7 to save the property, then I'm sorry to say, that is a fraudulent conveyance and you could also face trouble due to this.

I think it will be better if you consult an attorney and take his advice.

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Taylor,

I think your assets and properties are not included in chapter 13.

Sometimes, transferring ownership rights before filing bk is considered illegal and may create complication. It is better to avoid that.

Consult an attorney and take his advice. I think that will help.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My sister and I just found out that my mom (who recently had a stroke) has max out all of her credit card. My dad didn't know this. She owes a total of $48000.00. Their home is free and clear. Should I get a quick deed switched over to my sisters and I, just incase they cannot pay those credit cards off?

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Jessica's picture
Jessica | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Joann,

Welcome to our community forums.

It's sad to hear about your mom's illness. I hope she gets better soon. :)

What usually happens is, when you cannot pay off credit card debts, the creditor may file judgment against you and then place a lien on your home. The lien should be satisfied if you sell or finance your home. So, in this situation, if your mom quitclaims, it might be regarded as fraudulent transfer and hence the creditor may file a lawsuit against you.

It's better that your mom consolidates the debts through debt consolidation program or debt settlement. I know of one such community at "http://www.debtconsolidationcare.com/" which helps people get out of debts through consolidation, settlement etc. You can contact them and find out which is the right option to get rid of the cc debts.

Regards,

Jessica

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Jessica, thanks for your information on this situation. My parents house is only in my dad's name. However he has some small debts as well. What would happen if I have a quick claim deed filed and paid off his debt only. What would happen if we did nothing to satisfied mom's debt? I really don't want to do this that way, but if worse comes to worse.

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Joann,

Welcome to the forum.

As your father is the only owner of the property, he can quitclaim the property to you. To make the deed valid you will have to notarized the deed and record it in the County Recorder's office.

As your mother is not the owner of the property the creditor may not place a lien on that property. I think it will be better if you try to pay off the debt. Debt consolidation is a good option to pay off the debt in this case as Jessica has also mentioned here.

Feel free to ask if you have any further questions.

Best of luck,
Larry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Larry, thanks for that info. I am trying to weigh out all of my options on this situation. My next question is, if my dad and mom have to file bankruptcy before the quick claim is done. What will happen to the house in bankruptcy? Remember the house is feel and clear of mortages. I am in the process of getting a title search done as we speak. My mom and dad are on a fixed income and there is now much room to play with. I am worried about the house.

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Jessica's picture
Jessica | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Joann,

Welcome back.

So, the house is in your dad's name and he'd like to pay off the small amount of debt that he still owes. Ok that is fine. Now, if your mom's debt isn't paid off, then the creditor may sell it off to a collection agency who's job is to collect the debt from debtors. Now, let me tell you I've heard several people coming across threats and calls and harassments from these agencies. Moreover, there are chances that they'll place a lien on the home.

I won't speak in favor of filing a bankruptcy when there are options to consolidate your debts. However, if you still insist, I'll suggest trying for Chapter 13 but then you need to qualify for it. At least your home is safe in this type of bankruptcy. Otherwise if you file Chapter 7, your debts are wiped out but there are chances (as per state laws) that you may lose the home.

By the way, how old is your dad? I'm asking this because the house being free of liens, your dad could go for a reverse mortgage and pay off all of your mom's debt if he's 62 and above.

Just in case you're interested to know more on reverse mortgages , please refer to the section on this topic.

Regards,

Jessica.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Jessica, My dad is 69 almost 70 yr old. He has an income of 1388.00 a month Social Security & mom has 562.00 per month SS. We do have some savings but I need to save that for harder time like illness. I DO NOT WANT TO LOOSE THIS HOUSE! It is extremely important to keep it. My parent have lived in the same house for 50 yrs and I don't want them to have to move. They have a total of $48000.00 in debt. Income is 1950.00. I am trying to find a way of helping them without loosing their house. I check with a debt consolidation company and their payment will be $1122.00 p/m leaving them with nothing to live on.

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larry2's picture
larry2 | Joined: June 27, 2007 02:50 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Joann,

Welcome back,

If you want to file BK then also you will have to get approved for it. You can try it out but will have a huge negative effect on your credit and will be shown the credit report for 10 years. So it should be your last option to choose.

Best of luck,
Larry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have to wait for one year before I can file bankruptcy, but that [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] is only under my name only. My question is that can my husband file bankruptcy chapter 7 since has has more debt than me.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have met up with a bankruptcy lawyer regards my credit card obligations and I have to wait for 1 year before I can file because I have quit claim deed to my uncle. I only had 1 year with that free and clear home of his. My question is that it I have to wait for one year. If I can undo the the transaction and prove to the trustee that I didn't do it purposely?? Is that possible? The reason my uncle quit claim to me a year ago was that he had medical issues and could not maintain the work around the home. He had all his life. Now that he's fine, he wanted back so I did it in June o8.

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

To stressedout: Why do you have to wait for a year to file bankruptcy? is the property in your name only? If your husband files chapter 7, chances are that you could even lose the property. I suggest that you talk to a bankruptcy attorney prior to filing any chapter.

To Going crazy: I think what you're trying to prove to the creditors is that you haven't filed a quitclaim just to get rid of your liabilities and you won't file bankruptcy for that purpose. Do you really have a way out to prove that you didn't carry out the transaction purposely? I think you should talk to an attorney to help you on how to deal with the trsutee.

Hope this helps..

God bless you both

Samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have filed a petition for divorce and it is not final yet. My soon to be ex has been racking up credit card debt in his name only and appears to be getting ready to file bankruptcy. In the divorce decree he is to sign over the house to me in May 09 if the house has not sold by then. I am 9 mos away from graduating college, raising my 2 yrs old soon alone and am in fear I will loose our home. HELP

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Samantha's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Lilly,

Which chapter does your husband wish to file? and why does he intend to file bankruptcy where there are options like debt consolidation or debt settlement. I think he should consider any of the two options I've suggested.

Let me know in case you'd like to know more about debt consolidation or settlement.

May god bless you.

Samantha

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex boyfriend and I had 2 land properties together, one of the loans in under my name and the other loan is under both of our names. When we separated since we get along really well i let him keep my name on both loans however i sign off the tittle to him and he's made all the payments till today's date, last month he's been thinking of filling chapter 7 bankrupcy, my questions is can he quit claim deed the lands to me since the loans have my name on it and i take over payments before he goes and files bankrupcy?? thank you for your help

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helping_user's picture
helping_user | Joined: March 31, 2006 03:39 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Gladys.

Yes, he can file bankruptcy chapter 7 prior to [url=http://www.mortgagefit.com/know-how/filebankruptcy.html]filing bankruptcy[/url]. It won't be considered as a fraudulent transfer as because the loans are not in his name. So, it's not that he's trying to protect the property from creditors. Moreover, you're also willing to take over the responsibility for the loan payments.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My in-laws are about to file bankruptcy. 6 months ago, they allowed us to start building a home on part of their property. If they deed us the land that our house is on, will it hold up thru the bankruptcy proceedings?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Kimberley!

Welcome to Forums!

If that part of the property is now in your name, then the filing of bankruptcy will not affect you. However, you should note that any transfer will be considered as fraudulent if within 1 year of the transfer, a bankruptcy is filed.

Feel free to ask if you have further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My sister's name is on the home title, but not on the mortgage loan. I might file for bankruptcy or foreclose on my home. Will her credit be affected? Can she file for a quit claim deed?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi sooners!

I don't think her credit will be affected as her name is not on the mortgage. However, the lender may ask her to pay the debts as her name is on the property title. If she pays the dues, she will be able to save the property. As far as I know she can quitclaim back the property to you but I would advice you to take some legal help.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

:?: I have been dealing with illness ( my son's bone cancer and myself breast cancer) for past 10 years and build up a huge debt. Last year I talked to an attorney for filling a bankruptcy. Since I had a quit claim on 2 properties, they said I need to wait 2 years. The purpose of the quit claim was that my son and my daughter live in 2 condos which they rented it from a friend. They wanted to purchase the property so we wrote a contract and applied for mortgage, but since this complex is been through hard time and has so many forclosures, lenders found it unwarrentable and did not lend a mortgage. This has been happening to any buyer interested in this complex. I asked the friend to quit claim the property to my name so I can apply for a line of credit and pay him off. For that time this seemed the best solusion. So he did. We worte another contract for the purchase of the property and a promissory note for the value of the both properties. When the quit claim was recorded, I applied for a line of credit but at this time lenders were gettting tight and when they looked at my credit they denied any line of credit. so I had to quit claim the properties back to the origingal owner. We did not have any illigal purpose in this matter and all was in a good intention. I have all the documents to prove this. These all happend past Feb. & March. I need to apply for bankruptcy now, do the creditors go after those two properties? If they do, How much longer do I need to wait.

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Hopeless,

I think you should go with what the lawyers have said. If you file bankruptcy now, there are chances that the property transfer can be considered fraudulent. I think you should wait for one more year.

However, there are various ways to avoid bankruptcy. You can check them out in the given link:
http://www.mortgagefit.com/bankruptcy/avoid-bankruptcy.html

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am going to file chapter 7, but I have land with my brother and sister on the title. It is pay off and it was given to through my father's pasting. Can I just have my name taken off the deed or will they have to sell the land. or divide it up and they keep their part.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How do the divide the land in a Chapter 7 if there are more than one name on the title But only one is in a bankrupty

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Dwight

I think, if federal exemptions are allowed in your state, then according to that exemption, the other owners of the property will get their share of the property once it is liquidated. If federal exemptions are not allowed, then state exemptions will be considered. The whole property will be liquidated and the other owners will get their share of the property in form of money. The person [url=http://www.mortgagefit.com/know-how/filebankruptcy.html]filing bankruptcy[/url] will have to pay the creditors from his share of the property.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother co-signed a loan with me on the purchase of a home. She will probably need to file bankruptcy due to credit card debt - how do I ensure that my home is protected? Should I have her file a quit claim to me and then she can continue with the bankruptcy?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Deann,

Your mother can look out for a debt consolidation or a debt settlement in order to come out of the credit card debts. In my opinion, these are better ways than filing bankruptcy. In debt consolidation, the interest rates will be reduced whereas in debt settlement, the payments will be reduced by 40%-60% depending upon her situation. I know of a debt consolidation company - "debtconsolidationcare.com". She can speak to the financial coach over there.

As far as removing a co-signer from the loan is concerned, you will have to speak to the lender. If your credit is not good, then I don't think the lender will be ready to remove her from the loan. May be you will have to find out another person who will co-sign for you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i filed [url=http://www.mortgagefit.com/bankruptcy/chapter7.html]Chapter 7 bankruptcy[/url] and now they are saying that I own a home, but the loan was signed by my son not me, but i did sign mortgage papers at closing. Im confused, i did not think i hD NY Prt in the loan

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome debbiedebbie,

You need to check out the mortgage papers properly and see whose name is written in the doc. If your son has signed for the mortgage, then the mortgage will be in his name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am going to file bankruptcy, however my name is on a deed to property, but not on the loan. we are in arizona, will my bankruptcy effect this property? We are not married my name was added to the deed in the past during a refi on the home that was never completed.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi becca,

You've mentioned you are going to file bankruptcy. but what type of bankruptcy? chapter 7 or 13? If it's chapter 7 bankruptcy and you've included the property in the list of your assets, it will affect this property. To protect the property, you can quitclaim your interest, but to that you must obtain the permission of the bankruptcy court.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

When my grandfather passed away, my mother and her brother added their names to the claim deed on my grandmothers home so when she passes away, it is split between them.

If my parents file for Chapter 7, could they force my grandmother out of her home to try to sell it ?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Marci,

Since your grandmother is on the title to the home, she is one of the legal owners of the house. You cannot force her to sell the home, unless of course she agrees to quitclaim her interest in the property to the rest of the co-owners.

Thanks,

jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 [url=http://www.mortgagefit.com/quitclaim-deed.html]QUIT CLAIM DEED[/url] 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---

PLEASE EMAIL ME "todd_n_Mich@yahoo.com"

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Like | Dislike | Share | Posted: Thu, 02/04/2016 - 23:56 | Post subject:

jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband had filed for [url=http://www.mortgagefit.com/bankruptcy/chapter7.html]chapter 7 bankruptcy[/url], 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.

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Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hello again, i wanted to add that i am in missouri and my email is
"vlchaffin@yahoo.com" thanks again

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i also wanted to write that I am in Maryland and my email is "eaanderson19@aol.com" please get back to me thank you.

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