Landlord filed bankruptcy?

[slliemab]

What is the name of your state? MI

Long story short... My landlord is my ex father in law. When my ex and I divorced I kept the house. We got married young and could not get a loan due to lack of credit so ex father in law did.

I've been divorced 11 years and have been paying ex fil rent which is basically the house payment ever since we divorced. My ex never pays his child support so last March I filed chapter 7 myself so my credit pretty much sucks.

Now I was told my ex father in law and his lawyer are drawing up bankruptcy papers. What are the chances I'll lose my house? Should I look for an apartment since I can't exactly get a home loan? Do I have other options? I have kids and really need to plan now. How long before I will have to move? My chapter 7 was simple (mostly credit card debt from paying my utilities with my credit cards and not being able to catch up) I had no big things like houses involved.

I might add that ex father in law has many houses in his name and the only one that he said is safe is the one he lives in because it is paid off.

 

[slliemab]

This is scary. I have gone to a few other sites and no one else has any answers either.

 

[Who's Liable?]

What is the name of your state? MI

Long story short... My landlord is my ex father in law. When my ex and I divorced I kept the house. We got married young and could not get a loan due to lack of credit so ex father in law did.

So the loan is in the ex-FIL? If so, you are screwed.

I've been divorced 11 years and have been paying ex fil rent which is basically the house payment ever since we divorced. My ex never pays his child support so last March I filed chapter 7 myself so my credit pretty much sucks.

Why didn't you pursue child support through the courts? That is YOUR fault he is not paying child support. The state would put him in jail for failing to pay.

Now I was told my ex father in law and his lawyer are drawing up bankruptcy papers. What are the chances I'll lose my house?

It's NOT your house... It's the ex-FIL's. Unless the house is deeded in YOUR name, it is NOT your home.

Should I look for an apartment since I can't exactly get a home loan? Do I have other options? I have kids and really need to plan now. How long before I will have to move?

You have no option but to move. Once the BK is approved, you will only have a few months to move.

My chapter 7 was simple (mostly credit card debt from paying my utilities with my credit cards and not being able to catch up) I had no big things like houses involved.

Pursue your ex for child support, you owe it to your child.

I might add that ex father in law has many houses in his name and the only one that he said is safe is the one he lives in because it is paid off.

Depending on how much he owes, he may lose them ALL... As you know, he must list ALL assets...

 

[HomeGuru]

This is scary. I have gone to a few other sites and no one else has any answers either.

**A: what answers do you want?

 

[slliemab]

Actually it is NOT my fault that my ex does not pay his child support. He is $40,000 in arrearages and I pursue him ALL of the time. EVERY time the Friend of the Court catches him he quits his job. He has been in and out of jail on several occasions. I call the courts almost weekly... I have 3 kids with him.

As for the Deed... In my divorce decree it states that it was to be turned over to me. I was supposed to get a loan but with my ex never working I never had enough credit to get a loan... My ex is the reason I was forced to file bankruptcy myself. I used to pay my credit cards off immediately and never charged more than I could pay but about 2 years after the divorce he decided to play hide and seek with the system and it really killed me. I ended up paying my utilities (Heat, electric etc.) with my credit cards and had to buy necessities for the kids. My job was just not cutting it by the time I paid for daycare and they took medical insurance out of my paycheck.

I am already looking for another house to rent. I just want to know how long I have before I will be forced out.

If he loses ALL of his houses that is his problem, not mine so I am not gonna worry about that. I am still friends with my ex sister in law (She thinks her dad and brother are both very irresponsible) and she said they are in the stages where they've just stopped paying. She said it has not been filed yet so she thought I had time but another friend told me that they can make me leave within a week so I want to be prepared.

 

[Zigner]

As for the Deed... In my divorce decree it states that it was to be turned over to me. I was supposed to get a loan but with my ex never working I never had enough credit to get a loan...

Yet in your first post you said:

We got married young and could not get a loan due to lack of credit so ex father in law did.

Who's name is the deed held in? If it's ex-fil, then you are OUT OF LUCK. The court has no standing to force him to deed the house to you.

 

[slliemab]

It is not in my name. It's in his. He got the loan because we were young and had no credit. I am actually starting to look forward to moving. It's felt weird to live in a house that my ex's dad owns anyway. I just hope I can find something in time... I am off work tomorrow, I guess I need to make some phone calls.

 

[AttorneyOney]

Your question doesn't have an easy answer because there are so many different ways it could play out. The trustee who handles FIL's case could decide it makes best sense to sell the house, and that might be easier with or without a tenant -- depending on the real estate market. Or, the trustee could decide to let the lender foreclose, and the lender would then need to make a similar decision. Or, the trustee could even decide to keep accepting rent from you for a time until the real estate market rebounds.

If I were advising someone in Massachusetts, I would tell them that they can't be forced out until after someone brings eviction proceedings in court and that they should be prepared to move on about a month's notice AFTER they learn what happens in the bankruptcy court. I would also tell them to expect to hear from the trustee within a couple of months after the bankruptcy was filed. Since this hypothetical client is a "party in interest" in the bankruptcy, she would be getting notices from the court and the trustee about events in the case, so it should not be possible to get surprised.

Your state landlord-tenant law is undoubtedly different, so you should ask a local lawyer how evictions work in your state.