Arlington, TX asked in Bankruptcy, Foreclosure and Real Estate Law for Texas

Q: One of my neighbors passed away and did not leave a will. She claimed chapter 13, and the house is part of it.

Her son makes 10 an hour and has no money. There is no will and he will not pursue the house . How can I jump in as an investor and get this house I would like to flip it and give him a little money so he can get an apartment. Since there is not a heir in the mix, should I wait until chapter 13 is discharged and house is in foreclosure

1 Lawyer Answer
Doug Allen Bernacchi
Doug Allen Bernacchi
  • Bankruptcy Lawyer
  • Michigan City, IN

A: This often works. I think she did the right thing if she has regular income and afford the plan payments. If not she could only be using the file to obtain cheap rent and delay the inevitable, which could have real economic value in the short run, but not address her long term need for affordable housing. I really don't like these case for widows, but find them easier for heirs who often are younger and make money or have rising incomes to keep a home they otherwise could not get financing to purchase.

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