Recovering Mortgage Payments From a Co-Owner Who Declared Bankruptcy
Texas
Here is the question for the hearing scheduled Friday in HIS bankruptcy court....Property is a single family home titled and deeded in my name only, as was purchased 1999 prior to knowing him. I lived in the house--met him--became engaged--he and I bought another house (in both names) and referenced property became a rental (contract in my name only) property in 2000. During course of our relationship, in 2002, added him to mortgage during a refinance (done to take advantage of lowering interest rates). Also in 2002 prop went under contract for deed to current renter (in renters and my name only). The only monetary support he can PROVE are 6 months mortgage payments that were pd out of a joint checking acct we shared temporarily. 2005 He filed bankruptcy...because he was on mortgage, he listed house in schedules....because he SAYS he believed he was AUTOMATICALLY added to the deed/title at the refi, he listed property as an ASSET and me as a CREDITOR. 2006 Bankr. estate trustee put a lis pendens on prop. Buyer under contract fled out of fear. This left me with no income on prop and no way to make any due to cloud lis pendens put over title. March 2006 he moves out one day while I am at work, lvg me w/ all financial resp for new home. Also 2006 his bankr is discharged but case not closed. Aug 2007, after motion to sell is filed by bankr court, I met with and showed all docs (title/deed/refi) to bankr trustee and she told me I had to either 1. purchase his interest 2. face mortgage fraud chgs frm the estate due to the refi papers (he signed as owner) 3. she would seize and sell to highest bidder...and I had 72 hrs. At that time, from those choices, I told her I wished to keep my house, and would try to come up with the $ to buy out his interest. Shortly after, was contacted by a lawyer and chose instead to fight for my home, rather than paying her. Estate maintains his ownership and the hearing over it's "Motion to Sell" and my "Motion for Dissolution of Lis Pendens" is Friday. Debtor will testify on behalf of his estate. Am told by my Lawyer we have a case if the court chooses to rule by the LAW, but not all do.....Anyones input here would be appreciated....What do I take to court...all cancelled checks fm my mortage/tax/hoa/utility/insurance past payments, that show my name and indiv bank acct? Pls note that the debtor and I were NEVER MARRIED, if that makes a diff, I think it would be only in the fact that it never became community/marital property. Pls advise if there might be any possibility in asking for loss of income due to the fact that the property became frozen....unable to sell or rent...with the Lis Pendens (over a YEAR) imposed, if ruled that the estate never had the rights by title do so?
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Recovering Mortgage Payments From a Co-Owner Who Declared Bankruptcy
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?
Re: Recovering Mortgage Payments From a Co-Owner Who Declared Bankruptcy
You have a lawyer. What did your lawyer tell you?