Legal Question in Real Estate Law in California

I am a joint tenant with my parents' home. They recently had home modiification and went into bankruptcy. Will this affect my credit and ownership one day? I am not on the mortgage loan, just the deed.


Asked on 1/28/11, 2:46 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

If you are not on the loan, then no, the loan modification and the bankruptcy should not affect your credit. The bankruptcy, however, could affect your ownership interest. If the transfer of a proportional interest in the property was made to you less than two years prior to the filing of the bankruptcy, a bankruptcy court trustee could move to set-aside that transfer, and eliminate your ownership interest. The property could also be subject to liquidation by a bankruptcy trustee. If your parents filed a Chapter 13 bankruptcy, it could have a very different impact on your ownership rights. You need to get more information about when your parents filed bankruptcy, what chapter and is the case still pending. Then, you need to consult with a local bankruptcy attorney to determine if you will be adversely impacted.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 1/28/11, 2:51 pm


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