QUESTION

Is there a certain amount of years and it’s automatically out of my name?

Asked on Apr 01st, 2017 on Bankruptcy - Ohio
More details to this question:
I went bankrupt on my home in 2010. Deed is still in my name.
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6 ANSWERS

Bankruptcy Attorney serving Salem, OR
Partner at OlsenDaines
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No. It will stay in your name until the bank forecloses on it. If you want it out of your name, you need to call the bank every day and tell them to foreclose.
Answered on Jun 29th, 2017 at 12:39 AM

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Filing bankruptcy does not normally affect the title to real property. Assuming you did not reaffirm the debt, your obligation to repay the loan (mortgage) was extinguished in the bk filing. I would suggest you meet with an experienced BK lawyer to review your file with you. Be prepared to pay for the consultation.
Answered on Jun 26th, 2017 at 6:27 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You are comparing apples and oranges. Bankruptcy alone does not take property out of your name, even if you claim you intend to surrender the property.
Answered on Jun 26th, 2017 at 6:25 PM

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No. If you listed your mortgage note in your BR papers and got a discharge, then you are no longer liable on the note, but the mortgage remains until someone takes action to 'satisfy' it, and the deed also will not change unless you do a transfer. Consult a lawyer in your locality who is skilled in real estate and bankruptcy law. It should not be very hard to deed the property back to the mortgage-holder.
Answered on Jun 26th, 2017 at 6:21 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Deed never automatically transfers out of your name. Usually for you don't pay the taxes, the county will foreclose eventually unless there are a number of vacant homes in the area. You are liable as a homeowner for various things such as children playing in your house and getting injured, nuisance violations.
Answered on Jun 25th, 2017 at 10:33 AM

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Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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If the deed is still in your name, you are still the owner and responsible for the property. If you are living in the property, I'm guessing either the lender (or taxing authority) did not pursue a sheriff sale or it went up for sheriff sale and the lender did not bid on it. Either way, you have some options. First, you can have a lawyer put pressure on the lender to remove its mortgage and dispose of the property as you wish. Second, you can contact your local neighborhood group (if you have one) and see if they will approach the land bank (if you have one) on your behalf to take the property off your hands. Otherwise, you can call the land bank directly.
Answered on Jun 25th, 2017 at 2:41 AM

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