Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.
Yes, doing this could expose the property to your creditors because the mortgage lender and the vehicle lender still has the right to seek a deficiency judgment against you for the balance of the loan after the property/collateral was sold and applied to the balance.
As long as you're name is XXXXX XXXXX the property, you are safe, but if your name goes onto the property, it can open it up for liability.
do you have any other suggestions as to how I canget anything in my name. ? Change my name?
Changing your name won't help as that doesn't erase the fact that you're still the same person.
Other than paying off the debts, bankruptcy is the only quick way to dispose of these debts, but I understand that bankruptcy isn't usually favored by anyone.
Also, South Carolina has such long statutes of limitation - 6 to 20 years - that waiting the creditor out is possible but will take a while.