Legal Question in Real Estate Law in New York

selling a home under chap 13 unique

i have a home under chap 13 which i own, i want to sell the home.

My father is in a chap13 also and he holds the mortgage under his name

i went to a lawyer to file a deed transfer, its dated back in 2005 when we did it, but never actually filed the deed transfer because the mortgage company will request us to pay in full on the mortgage on a non-assumption mortgage loan.

So i have a legal deed transfer, now im wanting to sell and move, but my father says i have to pay off his 13 which is his debt, i'd really like to avoid the 13 by filing the deed i have to make it official and then make the private sale.

Would i be able to sell this home and allow my dad continue to pay his 13 as is since legally he no longer would own it when i file the deed i have?

hope this makes sense.


Asked on 4/14/07, 7:32 pm

1 Answer from Attorneys
Michael Moberg Moberg & Associates

Re: selling a home under chap 13 unique

If the house is currently in your father's name, the bankruptcy trustee will need to approve the sale to ensure that the purchase price will cover all mortgage arreas as well as payment in full of the other debts incorporated into the ch 13 petition. Since the deed transfer into your name was never recorded, it is not valid and in any case it would most likely be set aside if it was transfered with the intent to defarud creditors.

If you should need any further assistance, please do not hesitate to contact my office. Good Luck!

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Answered on 4/17/07, 10:42 am


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