Legal Question in Real Estate Law in Illinois

I just found my brother who claimed bankruptcy last year included the house that we own together (in title only) - but i am the mortagage holder. This is keeping me from short selling my house. How could he have done this without my consent? What can be done to remedy this situation?


Asked on 8/08/10, 10:57 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

You might try reposting this in the bankruptcy law section to get more information. Since your brother owned an interest in the house, when he filed bankruptcy, his portion of the house became the property of the bankruptcy estate. You will need to get the trustee to agree to the sale in order to sell it. If you can show there is no equity, this will be an easier task.

On another topic: If in fact you and your brother are both in title, and you were both in title when you mortgaged the property, and only you signed the mortgage, you might have an interesting defense to any foreclosure. You should have an attorney review the loan documents with this in mind.

Read more
Answered on 8/13/10, 11:50 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois