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Is it STILL a Homestead if.....

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temple

Member
TEXAS You move out before your discharge in a ch 7? Is it still protected as exempt property if you do not take your name off mortgage or title? Can that be called Abandonment?
 


Ladynred

Senior Member
The property was and is property of the BK estate until you're discharged and the case is closed. The question is, how long ago was the BK filed and have you had your 341 meeting ?
 

temple

Member
Abandonment?

Note that the the bk was filed October 16, 2005. The 341 Mtg has been held and debtor discharged. Case is still open as Trustee trying to recover additional property for the estate.

If there is anything else, please just ask!

Thanks!
 

temple

Member
case is STILL open, although bk discharged.....any advice? if he walks on this he will force me to pay him 20k before he will ever let me refi or sign the deed over, as that was his down payment. I have been paying everything on the home for the past 3 years, when he left....please assist!
 

temple

Member
i have fired them and rehired them and fired them again, due to their constant claim that the case was the "worst they have ever seen!"
So now i have retained a lawyer who is also a trustee in the bk court here and she is telling me the bk court will not deal with the house because it was exempt as a homestead. She is good friends with the judge and the trustee, though. But at least she was able to settle the adversary the trustee filed against me on the home i purchased prior to meeting the debtor in 1999, but since I made the idiotic mistake of adding him to a mortgage refi in 2003, she filed a lis pendens on the house and was able to get the judge to grant her motion for sale, claiming the debtor has a "security interest" in it. Althought he was never added to the deed. My new lawyer settled with the trustee and now i will have to pay 12,500 for a quit claim deed from the trustee, signing over debtors interest in that house, if any.

I asked what if i was expected to file the quit claim, since the current deed which is filed does not have debtors name on it anyway, and was told to just put it in a safe place, in case there are ever any title issues.....that is a lot of money in my opinion for a paper that i may never need.

I really need your help here
 

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