Legal Question in Real Estate Law in California
In debt ....bankrupacy?
Hello, I purchace a house in the Valley for 200k about 9 months ago i was the renter and originally he was selling it to us for 160k but he found out that he owned back taxes so he raised it to 200k! anyway, we didnt have the 10k to put down so he( old owner) loaded it to us at $ 400 a month ( he is not on the deed and there is no liens on the property) we are no broke and i am now catching up on the payments ( morgage) but dont know for how long ! i dont want to lose my house and with my credit, refi or equity loans are out of the questions i have about 30k equity in my home we are contemplating Chapter 7 and we have about 17k or so in unsercuerd debts, can i lose my home if i file chp7 and can i discharge the old owners debt? I know he will take me to court for the money!!! HELP
1 Answer from Attorneys
Re: In debt ....bankrupacy?
Why would you pay 25% more because the seller was delinquent on taxes? If the house was only worth $160K there is no reason on earth why you should kick in another $40K to help the seller pay his taxes. That was pure charity on your part, based on what you've said.
$400 a month sounds high for a $10K second, but it depends upon how fast it was to pay off....a bank home equity line of credit would be 1/3 to 1/4 of that..........
If you really have 30K of equity in a 200K house, I don't necessarily agree that refinancing is out of the question, even with fairly bad credit. How much have you shopped around? You might be making a regrettable mistake to file Ch. 7 at this point.
I would say see a credit counselor. You didn't say anything about your income and other expenses, but unless there is more to this than your question reveals, your situation is far from hopeless and Ch. 7 probably isn't your best alternative. Yes, you could lose your home.