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can i add a debt that is in my name (mortgage) even though the property is titled....

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    can i add a debt that is in my name (mortgage) even though the property is titled....

    in someone elses name?

    i have a property that i quit claimed to someone else but the mortgage is still in my name. can i include this in my bankruptcy?

    #2
    Oh heck yeah schedule it.
    Just because you quit claimed it does not mean you're not responsible for paying the mortgage.

    Comment


      #3
      Originally posted by jturk View Post
      in someone elses name?

      i have a property that i quit claimed to someone else but the mortgage is still in my name. can i include this in my bankruptcy?
      i think on the florida petition it asked about the quit claim...i think if i recall it was like 2-5 years.....and you had to answer YES.........but if you quit claimed prior to that time, you could answer NO...and i would check ME on whether it was 2 or 5 years.......i.e. Did you or have you engaged in the transfer of property by quit claiming blah blah...i'm certain...but close to what was asked in florida ....we had to say YES....however, we provided proofs that the deed had the other parties name on it for 15 years so it was NOT done to hide or deceive the court in anyway...(many people attempt to protect their property by a quit claim deed right before a bk)......the trustee had no problem since i was able to back it up with the copies of endless paperworks....however..........it was surely addressed......both privately and openly at the 341.....just to give you a heads up on that one.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

      Comment


        #4
        Hi jturk,

        You'd better add it....worst case scenario if you don't is having to pay for property that isn't yours....

        My philosophy was throw it all in, better safe than sorry...

        Tom in Colo
        Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

        Comment


          #5
          How long ago did you quit claim it and do you live in it?
          There are two secrets for success in life:
          1.) Never tell everything you know.

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