Legal Question in Bankruptcy in California

We live in a home that is in my sisters name, she is filing BK CH7. We have been paying the mtg pmt directly to the mtg company (for us rent) but when we found out that she was filing BK we stopped paying the mtg. She is filing and wants to surrender the property in BK, what are our rights if any since in reallity we are just renters, are we going to get evicted immediately? She also mentioned that she wants to do a short sale...


Asked on 8/03/11, 12:11 am

2 Answer from Attorneys
terrence rubino rubino ruman crosmer smith and sersic

you should contact the bank/mort co that has the mortgage and make arrangements to remain in possession and pay rent. you might even be able to make a deal to buy it post forclosure or deed in lieu. usually the last thing a bank/mortgage co wants is a vacant forclosed home - they would rather have someone in it, taking care of it ,and paying rent. good luck.

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Answered on 8/03/11, 7:00 am


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