Legal Question in Real Estate Law in Illinois

Type your question here...I live in Illinois. My husband purchased a home before we got married. His name is the only name on the deed and mortgage. He filed chapter 7 bankruptcy this year, February 2010, he received his discharge papers in April 2010. Now we find out that the home was not in the chapter 7 as previously thought, so he still owns the home and as you could imagine, mortgage is seriously delinquent. If he transfer deed over to me, would I be able to keep the house? How would the mortgage situation be sorted out?


Asked on 7/14/10, 11:21 am

1 Answer from Attorneys
Caroline Palmer Law firm of Caroline Palmer

If he transfers the house to you, it will not avoid foreclosure unless the delinquent mortgage is paid off. The only way to avoid foreclosure, and you may not have the time, is to get a new mortgage in your name for enough money to pay off the old one, plus the delinquent amount, and this may not work, because of fraud issues.

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Answered on 7/14/10, 2:41 pm


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