Legal Question in Real Estate Law in Florida

Bankruptcy. Quit Claim Deed

Can you please help me with this problem. I filed a quit claim deed back in June 2004, transfering my home to my parents.It was recorded in court in September 04. I filed for Chapter 7 Bankruptcy in June 2006, and everything was discharged in November 2006. Last month I tried to refinance my mortgage, and transfer the property back to my name. I found out that there is a lien on the house from one of the creditors that was included in the Bankruptcy. The new mortgage company will not approve the loan unless I pay this 10K to the creditor that has a lien on the property. The lien was filed in November 2005, 14 months after the quit claim was recorded. Can they legally have a lien on the house even though its been 3 years since the quit clain deed was done ?, and the bankruptcy was filed over 2 years later. Please help me, I just want to get my life back in order, and get my home back in my name. Thanks for your help.


Asked on 6/12/07, 6:33 pm

2 Answers from Attorneys
Gordon Nicol Law Office of Gordon T. Nicol

Re: Bankruptcy. Quit Claim Deed

You need to be careful because if you transferred the property to your parents, filed bankruptcy, and are now transferring the property back to yourself, the bankruptcy can and typically will be set aside on the basis of a fraudulent conveyance.

Read more
Answered on 6/13/07, 11:02 am
David Slater David P. Slater, Esq.

Re: Bankruptcy. Quit Claim Deed

If the debt was discharged the lien should be removed. A court proceeding may be necessary.

Read more
Answered on 6/12/07, 6:38 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida