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Bankruptcy - Chapter 7 Question

Los Angeles, CA |

I have 2 properties (primary residence and rental) both mortgages are under my name however the titles for both properties is under someone else's name. I was able to modify loans on both properties and am now current on payments however I have tons of other debt and am currently being sued. Wondering if Bankruptcy is a possibility and if I will loose my rental property if the title is not under my name. There is no equity in the rental and some (but not a lot) on my primary residence.

Attorney Answers 3

Posted

If there's no equity in the rental, the only way you could lose it is if you stop paying for it.
It sounds like bankruptcy would make sense in your case ... even if your monthly income is too much to be in a Ch7.

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Posted

You haven't given enough facts to determine whether bankruptcy is your best option. I'd strongly suggest speaking with an experienced bankruptcy attorney who can go over all the details and give you a recommendation.

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Posted

It depends on why the title is in someone else's name. If you don't have title to the properties it's not your property. However, depending on how the title was vested in someone else, it could be considered a fraudulent transfer. The trustee can avoid any such transfer, meaning that he/she can bring an action against the title holder for the value of the property, or the property itself.

I can confidently say that such an arrangement is going to draw a lot of scrutiny the bankruptcy trustee. You are going to need to speak to an attorney.

The information provided here is intended to help you be an informed legal consumer and is not a substitute for representation by an attorney.

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1 comment

Allan J. Rittenhouse

Allan J. Rittenhouse

Posted

When you file bankruptcy all legal and equitable interest of yours become property of the bnkruptcy estate. It appears that you have an equitable interest in those properties. Whether you can keep the property usually depends on the amount of equity you have in the property. Check with a local bankruptcy attorney and try and find an attorney who is a member of the National Association of Consumer Bankruptcy Attorneys (NACBA)

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