Pasadena, CA asked in Foreclosure, Real Estate Law and Bankruptcy for California

Q: My brother passed away in 2020; we were joint tenants on his house, I now own; Has his mortgage loan extinguished?

My brother purchased his home in 2002. He filed ch 7 bankruptcy; all debts discharged 7/8/11. On 12/14/09 he executed a Quitclaim Deed and made me a Joint Tenant with him on his house. I did NOT sign a reaffirmation agreement on his mortgage loan.

1 Lawyer Answer
Joshua D. Brysk
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  • Pleasanton, CA
  • Licensed in California

A: I assume the loan only had his name and was made prior to the bankruptcy. We would need to know how it was treated in the bankruptcy--even with a discharge, he may have re-affirmed the debt making his estate liable. Regardless, your title is subject to the lien--liens are not automatically discharged by bankruptcy and your title is only as good as what he had. So even if the personal obligation to pay the loan is gone, there is a lien on the house that needs to be satisfied. [This is more a bankruptcy question]

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