• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

"Personal property"!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

andrew070

Junior Member
What is the name of your state? Ill (Joliet area)****************************.

I presently have a lawsuit filed against me... I own a home jointly with my girlfriend. There is an existing mortgage on the property in both our names. I have been told that I may not be able to remove my name from the Deed in order to protect the property from seizure. essentially; I was told because there is a mortgage, and the bank owns the home (until it is paid off) that I can't remove my name from the deed, that if the mortgage was paid in full I would be able to take my name off the deed. Is that correct? can someone explain? If so what can i do to protect my property? Any advice appreciated.
 


JETX

Senior Member
What is the name of your state? Ill (Joliet area)****************************.

I presently have a lawsuit filed against me... I own a home jointly with my girlfriend. There is an existing mortgage on the property in both our names. I have been told that I may not be able to remove my name from the Deed in order to protect the property from seizure. essentially; I was told because there is a mortgage, and the bank owns the home (until it is paid off) that I can't remove my name from the deed, that if the mortgage was paid in full I would be able to take my name off the deed. Is that correct?
Pretty much, yep.

can someone explain?
Pretty simple... your mortgage documents very likely (most do) have a clause that prohibits you from transferring a property or changing ownership while the mortgage exists.
And even if you could... it wouldn't help since what you are describing would be a fraudulent conveyance.

If so what can i do to protect my property?
Very simple. Pay the judgment.
I doubt that any RESPONSIBLE member of this forum would help you to avoid compensating someone for the damage you cost them.
 

bigun

Senior Member
Since you posted on a bk forum, bk must be in the back of your mind.
Talk with a couple of bk lawyers and see what they say.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top