Can I sue?

[temple]

TEXAS. I own a home (both on title and mortgage) with another person. 2 years ago he filed ch 7 bankruptcy, listing home as homestead (exempting same) and promptly moved and has not made a payment since. He has received his discharge and purchased a 300k home in his name....still does not acknowledge any debt owed to this home. Since the house was exempt in the bankruptcy, and his name still remains on deed and mortgage, can i sue to recover his 1/2 of payments over the last 2 years?

 

[JETX]

does not acknowledge any debt owed to this home.

If discharge was granted, then he has no 'debt owed' on the home. His obligation to pay was terminated. However, YOU should have contacted the court and forced his removal of name from the title. Get an attorney to do that for you NOW.

Since the house was exempt in the bankruptcy, and his name still remains on deed and mortgage

Where did you get that?? Unless affirmed with the mortgage company and approved by the court, the mortgage is not exempted from bankruptcy.

can i sue to recover his 1/2 of payments over the last 2 years?

Anyone can sue almost anyone else over almost anything. However, you have NO case against them (as any agreement he might have had with you to pay was also terminated by the bankruptcy court, even if you were not listed on the creditor matrix).

 

[HomeGuru]

TEXAS. I own a home (both on title and mortgage) with another person. 2 years ago he filed ch 7 bankruptcy, listing home as homestead (exempting same) and promptly moved and has not made a payment since. He has received his discharge and purchased a 300k home in his name....still does not acknowledge any debt owed to this home. Since the house was exempt in the bankruptcy, and his name still remains on deed and mortgage, can i sue to recover his 1/2 of payments over the last 2 years?

**A: yes you can.

 

[temple]

now i am confused

I thank both of you for your replies!!! i hve an earlier post "creditor or debtor" w/ref to this issue.....no responses tho. Would you like me to bump it up again so that you may hve more info?

 

[temple]

What is the procedure for petitioning the court....

Jetx, it is scary that I have retained both a bankruptcy AND real estate atty who never even MENTIONED being able to have his name removed!!! Then again, my luck with this case, and with attys, has not been too favorable....I am beginning to get the feeling from reading this board that there is more I can/should do to protect myself in this...and since the case has not been closed, I might not be too late in taking action. What information would you require to recommend any relief? Additionally, how would the debtors name be removed from the title of the home by the bk court...is there a procedure to follow? certian motion to file? You have NO IDEA how much I appreciate both yours and Homeguru's advice/ideas, as this is the first ray of ANY hope I hve received during this nightmare! Thanks again and keep posting pls!

 

[JETX]

What information would you require to recommend any relief? Additionally, how would the debtors name be removed from the title of the home by the bk court...is there a procedure to follow? certian motion to file?

Contact a good CREDITOR RIGHTS attorney in your area.

 

[temple]

would that fall under....

would that fall under the bankruptcy law practice?
I DO appreciate!

 

[JETX]

Since (per your post) this is still in the bankruptcy court, that would be the first, cheapest and easiest place to try to get the court to order a forced quit claim.

 

[seniorjudge]

**A: yes you can.

And it's called a partition suit; costs run $30K (if it's cheap) and it takes three years (if it's fast).

 

[temple]

really could use some HELP!

So.....today I took your advice to heart and told both my real estate and bankruptcy(representing me as a creditor) attys about how we immediately must have the bk court force a quit claim deed on the debtor. Can you believe....THEY BOTH TOLD ME TO GO GET THEM THE CASE LAWS ON SAME!!!! I know I need new attys.....and began my search already, but in the meantime, if someone could help me possibly by knowing any cases I could cite just to get this pushed through, it would mean the world to me. Maybe I could file it on my own? If so, how?

 

[temple]

surely someone can help me!

this is a matter of financial survival for me...i hv cleaned out my savings and borrowed from relatives to defend myself in this.....please!

 

[temple]

bump for needed help pls