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I am currently in Bankruptcy and I am the primary borrower on my and also the sole person on title.

Irvine, CA |

I am currently in Bankruptcy and I am the primary borrower on my home and also the sole person on title. I have a co-borrower who is on loan. This is my x brother in law. He also filed for BK 3 years ago and on his BK paperwork he also put he did not have interest in my home. Now he is trying to make my life difficult and went to police and is telling them he did not agree with the loan modification I received from bank last year. How can I protect myself? Can I remove him from loan through BK? Thank you.

Attorney Answers 4

Posted

The only way to remove him from title is to refinance the home. You should certainly list him as both a codebtor and creditor in your bankruptcy. If he has any objections to your bankruptcy filing, exemptions, or Chapter 13 Plan, he has a very limited period of time in which to assert them.

The information provided herein is general information only and not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

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Shaye Larkin

Shaye Larkin

Posted

I meant to say the only way to remove him from the LOAN is to refinance. To remove him from title, as Mr. Steingraber pointed out, he would need to sign a quitclaim deed.

Posted

You cannot remove his interest in the property via BK, but, as pointed out by others, a refinance might remove him from the loan. If he is "on title" even with a refinance, he will have to "quitclaim" any interest in the property. If he is unwilling to cooperate, you will need a lawyer to assist you in filing a "quiet title" action and get a court order that he has no interest in the property. Good luck.

You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.

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Shaye Larkin

Shaye Larkin

Posted

Good response by Mr. Steingraber

Asker

Posted

He is not on title, he never was. He is just on the loan. What are my options in that case?

Asker

Posted

I apologize you answered my question for both scenarios. Thank you.

Posted

First, you might indicate that you are in a ch 7 in fact if that is true. Second, in bankruptcy...there are assets and liabilities to begin with. So, you should list the asset as you hopefully already did in your case and list him as a co-debtor. Technically, it is possibly someone did not have any interest in a house at the time of filing a bankruptcy and later having an interest (if they moved onto the property and helped make payments after they filed bankruptcy just like an unmarried "partner" would have such an interest); however, assuming he has no legal claim to the asset, you would own it 100% and state you are the sole person on title. As far as liability, his debt was discharged by his ch 7 assuming he received a discharge. With respect to a "loan modification" he says he did not sign, I don't see where in fact any facts are listed stating his name was on a modification. If it was not, he can go to the police and anyone else in the world, but if you did nothing wrong, don't worry about him. If you are somehow mistaken in the facts and want to do another loan modification, because you are in bankruptcy, if you have any other problems, your attorney could bring a declaratory action adversary lawsuit in court for the court to enter an order to declare I suppose that he has no interest in the real estate and that he is not part of the loan (that you obtained last year). Other than that, I don't see any other issues based on the facts as laid out. If somehow the facts are different after reading this answer, you can amend or add to your facts so that an attorney reading this later can provide cleared advice or change the advice being provided. If you are in a chapter 13, he should have filed a proof of claim or will be the deadline date and you can object to a claim if there is a proper basis for objection and the court will rule on that objection. Good luck and I hope my advice assists you.

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Asker

Posted

Thank you very helpful! He is indeed in the loan modification but bank did not require a quit claim deed from me when I went through the modification and they approved my modification.

Shaye Larkin

Shaye Larkin

Posted

Excellent response by Mr. Granvold

Posted

The police have no interest in the title to your house. This is a civil matter. I hope this perspective helps.

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