Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
The automatic stay protects the debtor's property from being attacked by a creditor. However, the stay does not prevent the debtor from turning the property back over to the creditor. If they file bankruptcy, then you have a right to be listed as a creditor. In which case you can request that the property revert back to you since you still owe the mortgage.
You have the ability to take them to court to quiet title to the property (a legal action that could force the property to be transferred back to you by court order) however, this is not a quick process, may require you to retain an attorney, and relies on the court's calendar. You may also sue them for breaching your agreement. However, prepare for any judgment you obtain to be discharged in their bankruptcy.
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