Legal Question in Real Estate Law in New York
my folks have offered to gift me a property the concern is that it was listed in a chapter 13 bankruptcy. I spoke with the bank involved and they want nothing to do with the house and told me to talk to the owner of record ( my father) My folks are offering to give it to me but they want to make sure it wont cause complications because of the bankruptcy which discharged a couple years ago.
1 Answer from Attorneys
The bankruptcy does complicate the real estate transfer.
legally, i presume that your parents were the owners of the property, and listed the property in the bankruptcy.
In order to regain clear title to the property, your parents should have received a discharge of the bankruptcy which should have cleared title to the property. Your parents should have received the court order and this may have to be filed to clear title.
You may also have to start a special proceeding to discharge the debts as a matter of record.
If you need further advice, please feel free to contact me.
Matthew Lazroe, Attorney at Law, 37 Franklin Street, Buffalo, New York 14202
1-716-856-8811
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