Legal Question in Bankruptcy in Massachusetts

I am filing chapter 7 bankruptcy. I am on the deed but not the mortgage for my house. The house is in foreclosure so there is no equity. My question is what is my interest in the property that I need to declare if any on the form regarding real property.


Asked on 5/17/11, 5:44 am

1 Answer from Attorneys

David Baker Law Office of David Baker

The fact that the house is in foreclosure does NOT mean that there is no equity; it just means that payments on the mortgage haven't been made. I assume from your question that there is someone else on the deed, too. The question can't be accurately answered without looking at the deed, as the deed defines your interest. If you are married, it could be "tenants by the entirety", or it could be "joint tenant", or "tenant in common". Look at the deed and use the language there. If the deed doesn't say, you should consult a bankruptcy attorney - which you probably should do anyway because filing a bankruptcy case is a very serious matter and could have an impact for years to come.

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Answered on 5/18/11, 7:42 am


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