Landlord, Bankruptcy attrny,Trustee ALL sent notice i pay rent per lease.But property wasnt legal for rent B-4 I rented.Do I pay: Landlord gave me monthly lease.I was unaware property ALREADY in chap 7.Later city says property not certified 4 habitability-failed months before. Had to leave4 weeks till city gave temp certificate 2 occupied units.THEN I get notice frm landlords attorney, addressed to LANDLORD BEFORE MY LEASE BEGAN, stating tenants must pay rent to Trustee:named on letter. (So landlord took 2 months rent slated 4 trustee).BUT later get new notice from TRUSTEE stating still send checks in his name but 2 new management co. NONE above knew property was not legal 4 tenancy before lease & during time they instruct rent payment? How is this possible? And since notices from all prove lease given on property not legal for rent at time, must I pay? Also I tend property as Mgt co does 0 xcept take $ frm 2 tenants
Anerio’s answer:
This is a particularly dicey question. You should contact the Trustee's office to discuss these issues and/or contact an attorney and sit down privately to discuss this matter. You need to address both the payments that were made to the landlord that may not have been accounted for, and payments to be made afterward and going forward. While I don't want to short you an answer on AVVO, truthfully, this is not something you should depend on getting answered in this forum.
Anerio V. Altman, Esq. #228445
Lake Forest Bankruptcy
27031 Vista Terrace #201
Lake Forest, CA 92630
Phone: (949) 218-2002
Fax: (949) 325-1171
www.lakeforestbankruptcy.com
www.chapter13southorangecounty.com
[email protected]
Home equity discharge: My wife and I were separated and i opened a $250,000 home equity without her signature. I later filed bankruptcy on the first and home equity without my spouse. All the debts were discharged including the first and the home equity. My spouse kept paying on the first and we later got back together and live in the house jointly. I need a full reconveyance on the home equity. Do you see any problem getting that from chase finance. I had my bankruptcy discharged in August 2009. All taxes are current and chase has never called me or sent a letter since I advised them I was filing bankruptcy. My mortgage broker says that I owe nothing.
Anerio’s answer:
I don't often say this but your Mortgage Broker is actually correct in this instance. The second (HELOC) was discharged when you filed your case and received a discharge.
HOWEVER, and this is a big HOWEVER, the second STILL ATTACHES TO THE HOUSE. The fact that they can't come after you individually does not mean that the lost their secured status. For all purposes of refinancing, transferring title etc. the 2nd is still there.
You won't be able to get your name attached to that mortgage again (or you are just very unlikely to do so). If you get an entirely new mortgage that pays off the 1st and 2nd, you can get rid of it that way, or if someone forecloses on your house, you can get rid of it that way.
Also, I am presuming that you and your wife were separated legally when you got the second. If not...you need to speak with an attorney privately.
Anerio V. Altman, Esq. #228445
"Live Debt Free Again!"
Lake Forest Bankruptcy
27031 Vista Terrace #201
Lake Forest, CA 92630
(949) 218-2002
(949) 325-1171
www.lakeforestbankruptcy.com
[email protected]
How is the value of secured property determined on Schedule C in a bankruptcy case?: I'm trying to complete Schedule C for a Chapter 7 bankruptcy, but I'm confused about what value goes under the heading "Current Value of Property Without Deducting Exemption" when you are dealing with secured property. Would the value be my equity in the secured property, or would it be the market/replacement value of the secured property?
Anerio’s answer:
The number you are referring to is the value of the property if you were to go out and replace the property with the exact like and kind. So a ten year old sofa replaced with a ten year old sofa. The numbers should be the same as that on Schedule B where you listed your personal property.
Anerio V. Altman, Esq. #228445
Lake Forest Bankruptcy
27031 Vista Terrace #201
Lake Forest, CA 92630
Phone: (949) 218-2002
Fax: (949) 325-1171
[email protected]
www.lakeforestbankruptcy.com
www.chapter13southorangecounty.com