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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37969
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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And why am I being punished when my brother was doing what

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And why am I being punished when my brother was doing what he thought was a good deed. I still am behind on my first and primary mortgage and was 2 years late on it even after I claimed bankrupty. So really I need to claim it again, but my lawyer intimidates me being that I was a single mother and talks down to me. I have 15 months left to pay the 370.00, which he says now is not going to protect me. I have a 1300.00 house payment and I had gotten behind on for 2 years. I am now able to pay it, barely. Tried to get a modification for over 2 years with Bank of America! No go! Should I discharge myself from my bankruptcy and have my brother by my house and me rent it for him for less than my payments now? I am soooo at a loss? My lawyer is not easily accessible. Thanks, Julie
Hello,

From what you describe, you apparently are in Chapter 13, and once your bankruptcy plan is completed, the lender is likely to foreclose, because you will still be in arrears in your loan payments.

Given those circumstances, if you could get your brother to purchase your home and pay off your mortgage, then that could solve the mortgage problem, but only if your mortgage was made part of your Chapter 13, because otherwise, you would remain personally liable for the unpaid loan balance.

You could, however, convert your case to a Chapter 7, sell the property to your brother, and then discharge all of your debts, including any unpaid mortgage balance. That would appear to solve all of your difficulties -- though, my caveat here is that I do not know your entire financial circumstances, so I may be missing something.

If your attorney intimidates you, then you may want to hire someone else. But, that will cost money, so before considering that move, you may want to get an office consult with your current lawyer and just sit down and ask him about having your brother buy the house and converting your Chapter 13 to a Chapter 7.

Hope this helps.

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Customer: replied 3 years ago.


If I file a Chapter 7...I thought the bank automatically got my house and my brother would have to be among the many to try to purchase it? That would be the way to go if I knew beyond a shadow of a doubt that he would purchase it for a MUCH lower interest rate. Then I could do a lease with option to buy.

 

The bank must foreclose on the property in order to "get" the property. To do this, the bank must file a motion for relief from the bankruptcy stay. Were the bank considering this, it would have already done so. But, the bank may think it's less costly to simply wait until your Chapter 13 completes, after which the bank won't have to file anything to foreclose.

The bankruptcy trustee can sell your interest in the property to your brother in a private sale, as long as the sale is in the interest of the bankruptcy estate. Generally that would mean paying off the loan and perhaps "sweetening the pot" by offering the trustee some additional amount to be distributed among your unsecured creditors (this may seem like extortion/bribery -- but, it's legal).

If your brother can afford to purchase the property, then he may want to contact the trustee and discuss the possibility of purchasing your home.

Hope this helps.
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