Legal Question in Bankruptcy in Michigan

bankruptcy and deeds

I filed for Chapter 7 Bankruptcy which has been discharged but not closed yet. My boyfriend purchased a home and put me on the deed for rights of full survivorship thinking if anything ever happened to him he wanted me to get his home. When we signed the papers purchasing the house. They did not have me sign anything so the trustee is saying even though my now husband because this has been going on for about 2 years has a mortgage loan on the home that I own half free and clear. She is saying now that she is going to take the home and sell it. What happens to my husbands credit who has perfect credit if she does this? How does that work. Can she sell his home? My lawyer is telling me we should stop making payments on the home and while she is selling it but won't they then foreclose on my husband? Please advise, the trustee is saying she is not even going to give my husband his half if she sells


Asked on 7/18/07, 9:18 am

1 Answer from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: bankruptcy and deeds

Since I have very little information about this situation, I cannot advise you. Your own attorney should be advising you. If you do not trust your attorney's advice, you should get another opinion from an experienced bankrutpcy attorney, but you will have to pay for it. I will tell you that if you did not tell the Trustee about your interest in the house at the time of filing your bankruptcy, you may have some serious consequences and rightfully so. Truthfulness and full disclosure is mandatory.

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Answered on 7/20/07, 11:08 am


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