If my name is not on the house title can I still lose it in a bankruptcy?
My grandfather's name is on the title of my home. He bought it for me a few years ago, but now I am so behind on the payments that I am thinking about filing for bankruptcy. Will his credit be affected in any way? What happens to the house? My grandfather pays for the mortgage, but I take care of the other utility bills as well as my own personal credit card bills.
Answered By: Bankruptcy Law office of Bill Rubendall
If you are not on title and not on the loan the house is not part of the bankruptcy. Your bankruptcy will not be on someone else's credit report.
Answer Applies to: California
Replied: 12/21/2011
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Answer Applies to: California
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
The issue depends on who has the mortgage and whether there is any equity in the property. A situation like yours requires an attorney so be sure to hire someone experienced in bankruptcy.
Answer Applies to: Colorado
Replied: 12/21/2011
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Answer Applies to: Colorado
Replied: 12/21/2011
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Answered By: The Law Office of Darren Aronow, PC
If you have never been on title, then there should be no problem, but you should speak to a local attorney because there are potential pitfalls with filing.
Answer Applies to: New York
Replied: 12/21/2011
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Answer Applies to: New York
Replied: 12/21/2011
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Answered By: J.M. Cook, P.A.
If the mortgage continues to be paid on time, there will be no affect on the home. If the house is in your grandfather's name, it is his house, not yours, so it will not be affected by bankruptcy.
Answer Applies to: North Carolina
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: North Carolina
Replied: 12/21/2011
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Answered By: Lakelaw - Loop Bankruptcy
You can lose your house to foreclosure even if in grandpa's name. However, trustee won't be able to take it from you - there may be no equity anyway.
Answer Applies to: Illinois
Replied: 12/21/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Illinois
Replied: 12/21/2011
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Answered By: Mazyar Hedayat and Associates
Property not titled in your name, and debts for which you are not legally responsible, are not affected by your bankruptcy filing. Based on your description, it sounds as if your filing will not directly affect the house in which you live.
Answer Applies to: Illinois
Replied: 12/20/2011
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Answer Applies to: Illinois
Replied: 12/20/2011
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Answered By: Law offices of John P. Brooke
His credit will be affected if the mortgage is in his name and the mortgage is in arrears. You would have to list the mortgage on your bankruptcy petition if it is in your name. The trustee would inquire into the house and who's asset it is essentially. A trustee could deem the house to be partially your asset using a constructive theory. If there is no equity in the house then you wouldn't need to worry about losing the house, if you are behind on the payments you would need to worry about it going into foreclosure. It would also depend if you are planning to file a chapter 13 to pay back the mortgage arrears.
Answer Applies to: New York
Replied: 12/20/2011
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Answer Applies to: New York
Replied: 12/20/2011
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
If your name is not on the deed, then you do not have an interest in the property and it is not an asset to be listed in the bankruptcy. Your grandfather's credit is not impacted so long as he does not let the mortgage go into default.
Answer Applies to: Indiana
Replied: 12/20/2011
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Answer Applies to: Indiana
Replied: 12/20/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
If he pays the mortgage how come it is behind? Whenever there is something as important as a house involved, you need to see a lawyer.
Answer Applies to: California
Replied: 12/20/2011
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Answer Applies to: California
Replied: 12/20/2011
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Answered By: Grace Law Offices of John F Geraghty Jr.
There should not be a problem for your Grandfather since the Title is in his name and so are the mortgage payments.
Answer Applies to: Georgia
Replied: 12/20/2011
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Answer Applies to: Georgia
Replied: 12/20/2011
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Answered By: The Law Offices of Kristy Qiu
The house and your grandfather's credit will not be affected. The house is a collateral to the mortgage, it does not matter whose name it's under, if mortgage is not paid, they can foreclose on it. On the other hand, even if the house is under your name, your bankruptcy won'r affect the house if mortgage is paid.
Answer Applies to: Florida
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/20/2011
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Answered By: THOMAS G. GILL, P.A.
You state that you are "so behind on my payments". and "my grandfather pays the mortgage" these seem to be contradictory. If you are not on title but claim an interest in the property you have to disclose that in your bankruptcy. If you are behind on payments that are due on the mortgage for which your grandfather is liable then you have already effected his credit. Consult an attorney.
Answer Applies to: Maryland
Replied: 12/20/2011
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Answer Applies to: Maryland
Replied: 12/20/2011
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Answered By: Ashman Law Office
Without details it is hard to answer you. If he's on the loan his credit will be hurt and he can be sued for a deficiency. You may also lose the home.
Answer Applies to: Georgia
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Georgia
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
If he is on the loan, yes, his credit will be affected.
Answer Applies to: California
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Stockman Law Office
You said you are behind on the payments on the home? How can that be if your grandfather owns the home? If the payments are not being made by your or your grandfather then his credit will be adversely effected if he signed the note and the mortgage obligation is in his name. You may need to look up the documents that were executed at the time of the purchase closing to be clear on whose name is on what. The other debt if unsecured would be dischargeable if you qualify for a bankruptcy filing.
Answer Applies to: Florida
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Florida
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Judith A. Runyon, Esq. Attorney at Law
It depends upon whose name the mortgage is in. If his, then, yes, it will effect his credit.
Answer Applies to: California
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
If you are not a borrower on the mortgage loan and if you are not on the title or have not been on the title for the past four years, then the house is not an issue in your bankruptcy.
Answer Applies to: California
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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