State: Texas I will try and be brief. Got engaged in 91 and went looking for a house to buy together. I put my then smaller home up for rental. Found a house...expensive and large, and purchased it together. My home was being rented out. Lived there for for 7 years...his salary being 1/3 of mine, he was always buying some new, big-boy toys. From exotic hunting trips to trips to the Caribbean, new automobiles, and a Harley Davidson. In 1992, when interest rates were very low, we refinanced both homes at lower rates. At this time I added him to the mortgage on my rental home. Retained same financial/income status through mid-1995 when he began speaking abt filing a ch 7. Against my wishes, he liquidated all joint owned stocks, travel trailers, etc. Gave me 1/2 of proceeds (we had separate bank accounts) for each item sold. In October 1995 he filed the ch 7. I was concerned abt how my finances/property may be affected, but he and his attny both assured me I would not be affected in the least. March 2006. He vacated home midday while I worked. Came home to an empty house and soon learned he had stayed long enough to keep the court's mailings from me until after the last date to file as a creditor. Also listed rent house as hvg 1/2 interest in on schedules. 2007...His case was discharged and will be able to close as no asset as soon as I purchase his interest in my rental home by rebuying it from the trustee for 15k. Have depleted all retirement/savings accts as hv been paying attys to keep him from partitioning the home we bought together...as he demands a 20k buyout. Along with all the upkeep and bills for both houses as rental home has been vacant now for a yr. Cannot sell or rent either property as they have been clouded by the courts since 2005. The only things still in both our names are the rental home...which will become mine after i buy it back and the larger home, which he is demanding his 20k dwn pmt or will partition....and the motorcycle, which is paid for. Only last month he bought a 400k new home in his and another womans name. I hv not received a dime from him since March 06...case is still open pending my payment...surely I have SOME RECOURSE!
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taken to the cleaners
- Thread starter temple
- Start date
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I'm not sure I know how to respond. Normally, I would say seek an attorney -- but, you have already done that.
My advice is to get past the emotions knowing that Kharma will get even. What goes around comes around.
You need to get him out of your affairs -- if it costs money, so be it. Then you can sell the house and get on a stable basis.
Feel free to vent because that is about all you can do short of hiring a big burly guy from New Jersey to put a few dents in his skull with a crowbar. That might be cheaper and more satisfying -- but remember that Kharma thing.
Good luck.
My advice is to get past the emotions knowing that Kharma will get even. What goes around comes around.
You need to get him out of your affairs -- if it costs money, so be it. Then you can sell the house and get on a stable basis.
Feel free to vent because that is about all you can do short of hiring a big burly guy from New Jersey to put a few dents in his skull with a crowbar. That might be cheaper and more satisfying -- but remember that Kharma thing.
Good luck.
anyone? pls?
The trustee's motion to sell states I would be purchasing his interest in order to resolve "title issues"...I hv no title issues, because the title only has MY name on it. And the warranty deed only has my name on it also. The only things bearing his name are the Deed of Trust and the Mortgage...why would I ever buy someone else's debt on property I own...the only "interest" I can make out is that of half of the debt....on his schedule he listed the property as an asset, with his intentions "to be assumed". I asked the trustee if I could produce all the backpayments of EVERYTHING relating to the house, showing only my $ out of my individual acct paid, it would show he had no equity or interest, right? Apparently not. Even produced 30k in ORIGINAL RECEIPTS and ACCOUNT DOCS that he did not declare on his schedules and still owns! Judge has set a hearing since I hv not withdrawn my "motion to dissolve lis pendens". Any suggestions would be welcomed...
The trustee's motion to sell states I would be purchasing his interest in order to resolve "title issues"...I hv no title issues, because the title only has MY name on it. And the warranty deed only has my name on it also. The only things bearing his name are the Deed of Trust and the Mortgage...why would I ever buy someone else's debt on property I own...the only "interest" I can make out is that of half of the debt....on his schedule he listed the property as an asset, with his intentions "to be assumed". I asked the trustee if I could produce all the backpayments of EVERYTHING relating to the house, showing only my $ out of my individual acct paid, it would show he had no equity or interest, right? Apparently not. Even produced 30k in ORIGINAL RECEIPTS and ACCOUNT DOCS that he did not declare on his schedules and still owns! Judge has set a hearing since I hv not withdrawn my "motion to dissolve lis pendens". Any suggestions would be welcomed...
TinkerBelleLuvr
Senior Member
saw that you got engaged. did you marry?
We Were Never Married Though! Pls Assist!
We were never married....not common law or any other way. So this is not property acquired during a marriage....this is property I alone purchased before I ever met him. This is not a title where he has ever been added or removed...he was never ever on it. On his schedules he listed the property as an asset, which was false because he is ONLY on the mortgage. Without me he cannot sell or rent or do anything with it, but, w/o him I am legally able to do anything I wish....I would love to simply refinance in my name only, but the "cloud" of the bankruptcy court prohibits it. Also in his schedules his "intentions" state asset is to be "assumed". What does that mean???? If I do end up hvg to pay the trustee 15k, what then, if anything, do I owe him in order that he sign the larger home over to me....I know....This is a huge mess, but I must be able to do something!
We were never married....not common law or any other way. So this is not property acquired during a marriage....this is property I alone purchased before I ever met him. This is not a title where he has ever been added or removed...he was never ever on it. On his schedules he listed the property as an asset, which was false because he is ONLY on the mortgage. Without me he cannot sell or rent or do anything with it, but, w/o him I am legally able to do anything I wish....I would love to simply refinance in my name only, but the "cloud" of the bankruptcy court prohibits it. Also in his schedules his "intentions" state asset is to be "assumed". What does that mean???? If I do end up hvg to pay the trustee 15k, what then, if anything, do I owe him in order that he sign the larger home over to me....I know....This is a huge mess, but I must be able to do something!
See, that is the problem.
I am not a lawyer but what you have said makes no sense to me at all. All my psychic senses are telling me your attorney has screwed this up nine ways from Sunday.
Do you really want to trust the advice of some stranger on the internet? But, here is another site you might try
http://community.lawyers.com/messageboards/board.asp?channelId=26&mbId=82
Change lawyers.
I am not a lawyer but what you have said makes no sense to me at all. All my psychic senses are telling me your attorney has screwed this up nine ways from Sunday.
Do you really want to trust the advice of some stranger on the internet? But, here is another site you might try
http://community.lawyers.com/messageboards/board.asp?channelId=26&mbId=82
Change lawyers.
took yr advice...now what???
took yr advice.....now I hv TWO lawyers...1 real estate and 1 bankruptcy. before doing that though, went to see the trustee. took her abt 15-20k in receipts/pay stubs/bank statements etc for the debtor that either did not appear on his schedules or did appear, but with false info. She thumbed through it for abt 3.5 minutes and gave the file back to me stating that the debtor receives a 35k allowance for unlisted items, further the docs I produced proving he listed values in his 401/ira waaaay under the real account balances, she could not mess with because they were exempt...but i was showing the fact that he knowingly lied! (I know she cant touch those accts) She still would not go after him. she told me she was ready to close the case. Now my lawyers want to go after her for "ignoring evidence presented and failure to carry out her fudiciary duty"....geez, what the heck! all i want is my property back!
took yr advice.....now I hv TWO lawyers...1 real estate and 1 bankruptcy. before doing that though, went to see the trustee. took her abt 15-20k in receipts/pay stubs/bank statements etc for the debtor that either did not appear on his schedules or did appear, but with false info. She thumbed through it for abt 3.5 minutes and gave the file back to me stating that the debtor receives a 35k allowance for unlisted items, further the docs I produced proving he listed values in his 401/ira waaaay under the real account balances, she could not mess with because they were exempt...but i was showing the fact that he knowingly lied! (I know she cant touch those accts) She still would not go after him. she told me she was ready to close the case. Now my lawyers want to go after her for "ignoring evidence presented and failure to carry out her fudiciary duty"....geez, what the heck! all i want is my property back!
You are in a really tough situation.
The real questions to answer are:
1. What is the probability of success in going after the trustee?
2. How much are you willing to pay to get there and find if you win or lose?
At some point you must cut your losses and move on.
Wish I had a magic answer for you.
The real questions to answer are:
1. What is the probability of success in going after the trustee?
2. How much are you willing to pay to get there and find if you win or lose?
At some point you must cut your losses and move on.
Wish I had a magic answer for you.
Thanks Debt Guy, and I know all about the tough situation I've been forced into....at present I have a hearing Oct 22 regarding the motion to dissolve the lis pendens and then another on Nov 16, regarding the motion to sell. Any idea how to prepare or what to expect? Would love to introduce the 30k of receipts that were never mentioned in the original bankruptcy filing, or at least force debtor to sign rights of homestead over in exchange for me signing over the rights to the harley davidson....but my attys tell me he is not the issue here and will walk, still demanding 20k for his 1/2 of the homestead fm me, despite the fact i hv been paying everything on it since abt the beginning...certianly since he moved out in march 06. it just does not seem right!
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