Legal Question in Real Estate Law 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 reality 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, 12:18 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Filing BK will turn over her assets, including the house, to the BK court and Trustee. They will decide whether to let it go back to the bank, sell or rent it out, and on what terms. You should expect to have to pay rent if you want to stay.

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Answered on 8/03/11, 11:19 am


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