My husband added me to the deed after he bought the house. We are way behind with the payments. If the house is foreclosed I am going to lose ownership too . I am in the process of separation with my husband and I live in another state. I don't want to lose the money I spent for years on the... Read more »
The simple answer is- Yes. You can sell your interest in the property to whoever is willing to pay you for it. You are best advised to give a Quit Claim deed (no warranties) of your interest to your buyer.
My husband bought the house before our marriage. My name is not on the mortgage and I have never signed any permissive note. My husband added my name to the deed because i am paying the mortgage for years( he is jobless for years). The house is at risk for foreclosure because I can't make the... Read more »
The mortgage lender can foreclose on the "whole house", inasmuch as adding you to the title after the Mortgage was recorded makes your ownership interest subject to the Mortgage lien. It the Mortgage holder forecloses, even if you never signed the Mortgage or Note, and the property is sold at a...Read more »
Pursuant to Bankruptcy Code Section 521, you must file a Statement of Intent in your bankruptcy case within 30 days of filing your bankruptcy petition. In the Statement, you must state whether you will (1) redeem the vehicle by paying off the vehicle loan, or reaffirming the debt with the creditor...Read more »
in my favor. How do I get them released at the local courthouse where they were filed. No one seems to know including my attorney. My bankruptcy is almost over so I want to make sure everything done correctly.
When I draft a proposed Plan, anticipating the voiding of a judgment lien, I include language requiring the judgement creditor to file a Release of Lien, providing further that if the creditor fails to do so, a certified copy of the Bankruptcy Court Order avoiding the lien will serve as an...Read more »
You can access all bankruptcy court dockets and documents filed in any case (if you know the federal district and the case number) by opening an account at https://www.pacer.gov/. You don't need to be a lawyer to use a pacer account to access documents filed with the court, but you do need...Read more »
My parents are 80. My mother has Alzheimer's. Obviously I don't want them to be homeless. There is no family money and their lending agency (Bank of America). Can they declare bankruptcy and keep their home?
A chapter 13 bankruptcy proceeding is designed to enable debtors to keep their houses. There are debt maximum limits, however, and a Chapter 13 debtor must be receiving "periodic income" with which to fund a plan. Social security payments qualify as periodic income, if sufficient in amount to...Read more »
I had this issue recently with an engineer, for whom I had filed a Ch. 13, and while his case was pending, he was recruited by another company for more money than he was making in his current job. The new company seemed to love him, after interviews; but just before making him an offer, they asked...Read more »
Yes, but within limits. If you file a Chapter 13 case, depending on the circumstances, the court could convert your case to a Ch. 7 case instead of dismissing it. But that's unusual. If you file a Ch. 7 case, you have an absolute right to convert to a Ch. 13, and if you want to dismiss your Ch....Read more »
The seller's obligation is to deliver clear title to the property at the settlement/closing of the purchase. In other words, the existing mortgage lien must be released, and the only way the mortgage holder will release is to receive full payment (or some other negotiated amount). I strongly...Read more »
You don't where you reside, or where your bank is. The answer will vary depending upon your location (i.e., which state). In PA, a garnishment by a creditor can only be issued to your bank if the creditor first takes a judgment against you. You would know that a lawsuit has begun, because the...Read more »
To provide a reliable response, I'd need to examine the Note, Mortgage, and Notice and foreclosure Complaint, but short of that, if you have not signed the Note or otherwise committed to the foreclosing Lender to become liable thereon, you should have no personal liability for the Mortgage...Read more »
I owe about $12000 in credit card debt. I've Been Making My Payments On time but with the high interest it's making it harder to keep up. I was considering using a debt settlement company such as national debt relief our freedom debt relief company but was concerned that during the process while... Read more »
There are different kinds of "trustees" in the bankruptcy world. First, there is the U.S. Trustee, one of which is appointed in each federal court district, and that trustee performs several of the "administrative" functions formerly done by the bankruptcy judges. Among those is the assignment of...Read more »
We paid every month except December (hard times with sons medical issues) and have our bank statements as proof. Though they are claiming we haven't paid since August. Where should we go from here? Contact the bank lawyers with our proof of payments or get our own lawyer?
For the most part, lawyers only do what their clients direct them to do. In your case, it appears that the mortgage holder, or designated servicer of the mortgage loan, has decided to foreclose. And yet, once a party has "lawyered up" about a matter, you are bound to direct communications to the...Read more »
To be eligible to file a Chapter 13 case, the debtor must have a "periodic income", but the amount is not specified. No maximum amount of income is imposed, but the amount of your income will determine the number of years your Ch. 13 Plan must run.
If the business prospects are for continuing losses, then yes, cease its operations. If you have "observed the corporate formalities", e.g., kept corporate minutes book with at least annual meetings of directors and shareholders, and entered minutes of those meetings, and otherwise kept the...Read more »
I, as an individual, received a judgment against me, personally, and I do not have means to pay (but I haven't yet filed for bankruptcy). At the same time, I'm about to receive a small settlement for an action I originated, also as an individual.
On the facts provided, you have no enforceable legal obligation to pay over "settlement proceeds" to any one or more of your creditors. A judgment creditor could issue/serve a writ of garnishment upon anyone holding money or property for you, and if that is done, the one who holds property payable...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.