Real Estate Law
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Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Real Estate attorney here to assist you.
If you do not own a home, you cannot have a homestead.
I thought so
but they think that i own the home in CA
Maybe the creditor was trying to confuse you.
which is not owned by me it is owned by my sister inn law since day one
You cannot own the home in California unless your name is XXXXX XXXXX deed.
that is what I know
Do you have a similar name to your sister-in-law?
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
no I do not
not even the same last name
If you do not own either home, and you never owned either home, you have nothing to worry about.
he kept saying she is holding the title for me
and she is a pharmacist and we are renting from her
Did you ever own either home?
she lives in CAnada , and we where living in the house since it is the family house
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
That makes sense, because a major creditors, such as a credit card companies, do not usually show up for the creditors meeting.
he also kept asking how long you have been living in FL and I told him since the end of last year
It sounds as if your ex-partner is having a hard time accepting the fact that you will not have to pay him.
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
Then there is absolutely nothing he can do to you or to your sister-in-law.
thank you so much
You really have nothing to worry about.
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
Then even if you did own the house, he would get nothing from the house.
can he place a lien, or or something else
No - he cannot place a lien on the house, because your name is XXXXX XXXXX the deed.
the reason that I said that becuase my wife and child lives there , and I live in FL
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.
He also cannot place a lien on the house because you filed a Bankruptcy (even if the deed was in your name).
in your experience can he object to the BK if there is nothing to cliam
Only the trustee can dismiss a Bankruptcy. A Bankruptcy can be dismissed if the false information was provided intentionally.
everything was true
If everything submitted in the Bankruptcy papers was true, then your case cannot be dismissed.
thank you so much for your time
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
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 .
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.
Thank you so much for clarifing that