I am in Texas and am on mortgage AND (not OR) Deed with "debtor" who has abandoned the home and all financial responsibility to same, filed and was discharged in ch 7 case, listing this home as exempt homestead (was true at time of filing in 05) purchased another home. Debtors BK case is still open. Trustee has chgd from no asset to asset and has filed suit against me to turn over my property purchased prior to knowing debtor (debtor and I never married) or pay 15k to buy out debtors interest in property, if any. Judge has approved sale. but only to me, until it is determined if debtor has any interest, to be decided in court in June 08.
Theres the history...heres the question. Debtor is demanding I pay 20k(his down payment) to him to "buy him off" the mortgage and deed of home he DOES own he exempt and was discharged on. Is there any way that I can have the court somehow remove his ownership from the house he owns, since he no longer lives there(has not for 2 years), and now has NO financial responsibility to me on 1/2 of back payments since his leaving (prior to discahrge) or the mortgage co due to his discharge?
I do have a lawyer, but dont count on him and dont have the funds to get a new one.
PLEASE HELP!
Theres the history...heres the question. Debtor is demanding I pay 20k(his down payment) to him to "buy him off" the mortgage and deed of home he DOES own he exempt and was discharged on. Is there any way that I can have the court somehow remove his ownership from the house he owns, since he no longer lives there(has not for 2 years), and now has NO financial responsibility to me on 1/2 of back payments since his leaving (prior to discahrge) or the mortgage co due to his discharge?
I do have a lawyer, but dont count on him and dont have the funds to get a new one.
PLEASE HELP!