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C.Fortunato
C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience:  Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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Hello; I filed BK chapter 7 in FL, and I do not own any

Resolved Question:

Hello;

I filed BK chapter 7 in FL, and I do not own any homes anywhere, but I live in a house owned by my sister inlaw, through the creditors meeting one of them kept asking me about who owns the house in CA , and I kept saying my sister in law, and then he ask me where is homestead, and I ask what do you mean / What does he mean by that if I do not own a home in CA, however when I filed I filed in FL sine I moved there . Please advise
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  C.Fortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Real Estate attorney here to assist you.

cfortunato :

If you do not own a home, you cannot have a homestead.

Customer:

I thought so

Customer:

but they think that i own the home in CA

cfortunato :

Maybe the creditor was trying to confuse you.

Customer:

which is not owned by me it is owned by my sister inn law since day one

cfortunato :

You cannot own the home in California unless your name is XXXXX XXXXX deed.

Customer:

that is what I know

cfortunato :

Do you have a similar name to your sister-in-law?

Customer:

by he ask about the homes and I siad I do not own them, and I did not claim any taxes on that property in my tax return

Customer:

no I do not

Customer:

not even the same last name

cfortunato :

If you do not own either home, and you never owned either home, you have nothing to worry about.

Customer:

he kept saying she is holding the title for me

Customer:

and she is a pharmacist and we are renting from her

cfortunato :

Did you ever own either home?

Customer:

she lives in CAnada , and we where living in the house since it is the family house

Customer:

never did

Customer:

to give a brief the creditors who was asking all of these question is my ex partner that he is one of the reasons that I'm filling BK

cfortunato :

That makes sense, because a major creditors, such as a credit card companies, do not usually show up for the creditors meeting.

Customer:

he also kept asking how long you have been living in FL and I told him since the end of last year

cfortunato :

It sounds as if your ex-partner is having a hard time accepting the fact that you will not have to pay him.

Customer:

let me ask you this if I did not own the home in CA what can he do in this case, since the sister in law is the owner since day one, and we are talking about transaction happened 5 years ago

cfortunato :

Then there is absolutely nothing he can do to you or to your sister-in-law.

Customer:

thank you so much

cfortunato :

You really have nothing to worry about.

cfortunato :

You're welcome!

Customer:

but he can't claim that she is holding the title for me, and I'm the owner of the house, by the way the house is upside down there is no equity she is negative 150K in the house

cfortunato :

Then even if you did own the house, he would get nothing from the house.

Customer:

can he place a lien, or or something else

cfortunato :

No - he cannot place a lien on the house, because your name is XXXXX XXXXX the deed.

Customer:

the reason that I said that becuase my wife and child lives there , and I live in FL

cfortunato :

It does not matter that you are living in the house. He still cannot place a lien on the house if your name is XXXXX XXXXX the deed.

cfortunato :

He also cannot place a lien on the house because you filed a Bankruptcy (even if the deed was in your name).

Customer:

in your experience can he object to the BK if there is nothing to cliam

cfortunato :

Only the trustee can dismiss a Bankruptcy. A Bankruptcy can be dismissed if the false information was provided intentionally.

Customer:

I see

Customer:

everything was true

cfortunato :

If everything submitted in the Bankruptcy papers was true, then your case cannot be dismissed.

Customer:

thank you so much for your time

C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience: Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
C.Fortunato and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

By saying yes to CA does that mean I just admitted that I own a house in CA, even told him that I do not own the house that I live in. Please advise

Expert:  C.Fortunato replied 1 year ago.
What did you mean when you said, ''By saying yes to CA''?
Customer: replied 1 year ago.


After I told him that I do not homes in Ca or TX , I think he ask me where is home stead, and I told hem what do you mean? he said is it CA or FL, and I think I said CA, since I lived most of last year in CA .

Expert:  C.Fortunato replied 1 year ago.
Thank you for your response.

If you are questioned about having said your homestead was or is in CA, you would just have to explain that you thought one's homestead is where you are living - that you did not realize a homestead is actually a home that you own and live in.
In other words, if you are questioned, you just to explain that you made a mistake if you said your homestead was in CA.
However, if the trustee did not question you at the creditors meeting, it is unlikely that he will question you at all.
C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience: Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
C.Fortunato and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


the trustee was listening at that point, and his questions was about the application nothing else. when they ask about the realestate I said I do not own any realestate, then the attorney for the creditor was asking about the house that I was living in in CA and I told him I do not own that house or any other houses, or I never cliamed any taxes for the house in CA, and I think that he said where is home stead, and I told him what do you mean, then he said CA, or FL.


 


Please advise

Expert:  C.Fortunato replied 1 year ago.
You should not be worried, because the trustee must have realized that you did not understand the proper meaning of ''homestead''. Additionally, many people do not understand the proper meaning, and think homestead means the place in which you live - not necessarily a home that you live in and own.
Also, if the trustee thought there was a problem or an issue with your response, he would have questioned you at the meeting.
Customer: replied 1 year ago.


Thank you so much for clarifing that

Expert:  C.Fortunato replied 1 year ago.
You're very welcome!

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