Q: Can a homeowner file Chapt 7 the day before his home is auctioned off at the courthouse?
The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?
A: Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.
You have an interest in the property that went into effect upon your mother's death. You need to contact a bankruptcy attorney who can advise you what would be the best way to proceed. The laws of each state vary regarding what you need to do so the attorney you speak with should be knowledgeable in both bankruptcy and real property law.
Based upon the laws of the state the property is in, your rights may be terminated by an actual sale. You really need to speak with someone before the sale. If you wait until after the sale, you may lose substantial rights.
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.