QUESTION

I live in Pa I co own property with another person who is in bankrupcy he collects the rents and pays the morgages and that is it I have

Asked on Feb 29th, 2012 on Bankruptcy - Pennsylvania
More details to this question:
He doesnt do anything to repair them or pay taxes on them so what are my rights I am eligible for SSI but being co owner I cant get anything I have tried to sell but cant without him Yes he securely protected by bankrupcy i have written them letters and I never get any answers back Is there free help for me somewere Im not working and no income at the time Im staying with my 76 yr old mom We have no association whats so ever he threatened my life with a gun and had PFA on him he was a registered sex offenedor with a contractors licence some one please some were help me he has been in several state prisons and he has more rights and freedom then me whats wrong with this piture I NEED HELP
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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I am sorry to say but none of his criminal activities have any real bearing on your case. The fact that he has filed a chapter 7 bankruptcy, he is no longer liable for the mortgage on the property. If the bankruptcy court discharge the mortgage from him, that puts the mortgage completely on your shoulders. At this point it seems as if you have two options. One option would be to file chapter 7 bankruptcy yourself, and then sign over the deed completely to his name, if the bank does not take the property at that point. Option two would be to take him to court for him to either be able to buy out your have to the property or to force a sale, which would be used to pay off the mortgage. You are in a very bad situation and there really is no way out that's a good decision. Also if you're trying to be eligible for disability, the sale of the property may bar you from being eligible, unless you use any proceeds that are remaining on legitimate expenses all at one time and then apply for benefits. If your main concern is being eligible for SSI then I would suggest filing chapter 7 bankruptcy, at which point the bankruptcy trustee will most likely take the property anyway or if the debt is discharged you could simply sign over the deed to his name. 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 01st, 2012 at 12:25 PM

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