QUESTION
What are my rights if I just learned that my name was never on the mortgage but was on the deed?
Asked on Jun 11th, 2014 on Bankruptcy - Michigan
More details to this question:
I have just learned my name was never on the Mortgage but was on the deed when we jointly filed Chapter 13 Bankruptcy. We are separated (not legally). My divorce attorney had responded to the courts with signed documentation stating I relinquished the house before Bankruptcy. I have not made any income since 2007. This is the only big debt I had. I feel my estranged husband may have committed fraud against me. Can you assist me to understand my rights?
4 ANSWERS
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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The Law Offices of Peter M. Lively
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Your property interest is presumptively established by the deed and substantially established by community property law. Borrowers on purchase money loans for primary residences in California do not have personal liability for a deficiency amount if the loan is not paid and the property taken by the lender through non-judicial foreclosure.
Answered on Jun 13th, 2014 at 6:53 PM
You have several rights in your chapter 13 bankruptcy. Including the right: to your own bankruptcy attorney; the right to dismiss your part of the case; and the right to deconsolidate the case and continue on with your own case. You should have your own bankruptcy attorney review the bankruptcy pleadings and give you advice.
Answered on Jun 13th, 2014 at 6:53 PM
Unfortunately, I can't provide you with any specific advice because I can't see the whole picture, which is your entire chapter 13 file - probably 100 pages or more of documents. You will want a neutral bankruptcy attorney to review your case for an opinion.
Answered on Jun 13th, 2014 at 10:59 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Your name would always be on the mortgage if it was on the deed. The question is was your name on the promissory note? If it was, then you owe any deficiency that arises after foreclosure. If not then you would just lose the home that you did not wish to keep in the first place.
Answered on Jun 13th, 2014 at 9:28 AM