QUESTION

I am fixing to file for bankruptcy. I have two pieces of property. One, my house sets on. The other is my driveway and means of getting to my house. My grand parents loaned me the money for the land that the drive is on. I have been making payments on this but they never put a lien on the land. Its in my name. What is the best way to put a lien on my land in their name to help protect them and me in this bankruptcy. If i lose the land i can't get to my house so it is important. The land was 8grand and my house payments are cheap. I want to reafirm both.

Asked on Mar 30th, 2011 on Bankruptcy - Oklahoma
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I am fixing to file for bankruptcy. I have two pieces of property. One, my house sets on. The other is my driveway and means of getting to my house. My grand parents loaned me the money for the land that the drive is on. I have been making payments on this but they never put a lien on the land. Its in my name. What is the best way to put a lien on my land in their name to help protect them and me in this bankruptcy. If i lose the land i can't get to my house so it is important. The land was 8grand and my house payments are cheap. I want to reafirm both.
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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The best way to protect your grandparents rights in the property, which simply to drawer up a mortgage, sign it, notarized it and recorded in the proper institution (registry of deeds or Townhall). This is not needed to protect your grandparents rights, you could simply reaffirm the debt on your chapter 7 bankruptcy, but placing a mortgage on the property would be your best bet. I would not go through the trouble of placing a lien on the property, as this will cost more than putting a mortgage on the property and you will have to go to court to do so. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  
Answered on Mar 19th, 2012 at 12:15 PM

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