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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17138
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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ex fiancé and I have a mortgage, she filed chapter 13 to keep

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ex fiancé and I have a mortgage, she filed chapter 13 to keep the house. i have been going through chapter 7 for the past year, where we hired same attorney for bankruptcy purposes. well she is wanting to sue me for not living in it for 2 yrs. do i have the right to sell the house since im still on as a main borrower and haven't filed yet?

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

WALLSTREETESQ :

If your name is XXXXX XXXXX deed you can sell it, if your ex fiance is also on the deed you will need her permission to do this.

Customer:

yeah both our names are XXXXX XXXXX deed of the property

WALLSTREETESQ :

In terms of the attorney, he would not be able to represent you and your ex,

WALLSTREETESQ :

as their is a conflict of interest,

Customer:

why did he not tell us that prior to me paying him

WALLSTREETESQ :

in terms of legal fees, you should ask for any fees for services he does not render to you.

WALLSTREETESQ :

he should have advised you of this issue,

WALLSTREETESQ :

If both names are XXXXX XXXXX property, you would have to go to Civil Court to force a sale,

Customer:

so we both have to agree to sell the house, which i know she will not agree to. is she entitled to sue me for not living there for 2 yrs?

WALLSTREETESQ :

but since she is in a chapter 13, you would not be able to sue,

WALLSTREETESQ :

she cannot sue you for not living their,

Customer:

im not wanting to sue her, she wants to sue me. i cant sell the house since she filed chapter 13?

WALLSTREETESQ :

she can only sue for expenses she paid that would be damages she faced if you left

Customer:

im going through bankruptcy for that purpose of the house. i wouldn't have to go through bankruptcy if the house could be sold

WALLSTREETESQ :

I am not sure why she needs to sue you for this matter, it would not make sense in anyway,

WALLSTREETESQ :

as you can file a chapter 7 and discharge any lawsuit against you, and the home

Customer:

so if i sign a notorized contract stating i would pay her ex amount of dollars....i can list her as a debtor and then can she come back and sue me?

WALLSTREETESQ :

yes,

WALLSTREETESQ :

all debts can be discharged, unless it is for alimony, child support, or taxes.

Customer:

the situation im facing is she wont sign the paper for the same attorney to represent me unless i sign a notorized contract stating i would pay her (lets say) $4,000 for not living there the 2 yrs. she says i owe on that house since im still on the deed but not living there. if i sign the contract, can she still come back and sue me for that $4,000 after i file?

WALLSTREETESQ :

no, if you file a bankruptcy, it would be discharged,

WALLSTREETESQ :

also, she is forcing you into this through coercion, and you can mention that in bankruptcy court if she tries to argue against you discharging it.

Customer:

ok.....

Customer:

i think the last 2 questions i have before i am done with the questions... is

Customer:

1...whenever i left and moved out.....am i entitled to still pay the mortgage since im the main borrower? that is what she is saying she is sueing me for.

WALLSTREETESQ :

no you do not have to pay it,

WALLSTREETESQ :

however if she paid the entire mortgage, she could sue you for half the amount,

WALLSTREETESQ :

or take it out of the equity of the property,

Customer:

yeah she has been paying the full mortgage every month up to the time i have been trying to file chapter 7

WALLSTREETESQ :

typically she would sue to get your name of the deed, so she would have the property as she is paying for it,

Customer:

that is what she is "sueing me for"

WALLSTREETESQ :

she cannot force you to pay a mortgage

Customer:

i think my last question i cant remember if u answered....i cannot force a sale if she filed chapter 13?

WALLSTREETESQ :

no, as the only way to force is a sale is by going to Civil Court,

Customer:

what if i still have furniture and personal items still in the house that she wouldn't let me get out of the house.....am i still entitled to them?

WALLSTREETESQ :

yes, they are yours, and you are allowed to get them, if she does not let you, than you will need to have a court order to allow you to remove the items, you will need an attorney to do this,

WALLSTREETESQ :

technically, you are also a tenant in the home, and if she does not let you in the home, that is criminal it is called an unlawful eviction,

WALLSTREETESQ :

so the police can be called if she does not let you in as well

Customer:

even if i haven't lived there ?

Customer:

i wish u worked in nc....id hire u. lol

WALLSTREETESQ :

yes,

WALLSTREETESQ :

if you are on the deed, and did live their at some point,

WALLSTREETESQ :

she cannot deny you entrance

Customer:

thank u very much

Customer:

do u think if i forced a sale in civil court would they allow it to happen?

Customer:

or would that be in discretion of judge

WALLSTREETESQ :

yes, since you are on the deed, you would be able to force a sale, or the court will allow her to buy you out, if their is equity,

WALLSTREETESQ :

if there is no equity, a forced sale is not to your benefit, as you would ow money at the closing to pay the balance.

Customer:

we owe 144,000...its valued at 198,000. does that mean there is 50,000 in equity? i don't know how all that works

WALLSTREETESQ :

yes,

WALLSTREETESQ :

and what the settlement should be is 50-50 minus the expenses she had paid since you left, so she would get a credit

Customer:

thank u very much

WALLSTREETESQ :

good luck, and if you have any further questions please do not hesitate to ask.

WALLSTREETESQ :

If satisfied please provide us with positive feedback.

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