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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102514
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have a house with a mortgage on son is living in

Customer Question

I have a house with a mortgage on son is living in it and paying the payments on it. Because of messed up credit they cannot get a loan. I want to file bankruptsy but I cant with all the equity I have in the can I fix this problem?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I am in Georgia
JA: Has any paperwork been filed?
Customer: No...We hand wrote an agreement about 16-18 mo ago...had it notorized ...but not filed anywhere
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ely replied 10 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am very sorry to hear about this situation! Please clarify - what do you want to achieve here exactly? To help him get a loan? Or to file bankruptcy? Or simply not to lose the home? Etc.
Please note - as a member, you can switch to a phone call for free to talk through the issue. Let me know if you would like to talk on phone or continue online. If you request this, an expert should then call you. Let me know.
Customer: replied 10 months ago.
I need to have the house put in his name so I can file bankruptsy.....the mortgage is current son hasn't missed a payment
Expert:  Ely replied 10 months ago.

Thank you. On this website, I do not always get to give good news, and this is one of these times.

The problem is that many lenders have a special clause in their mortgage agreements, that state that should the owner transfer (convey) their interest to someone else without the lender's permission, then the whole mortgage becomes due at once. Now, I have not looked at your contract. But assuming this clause exists, someone in your situation cannot transfer without the lender's permission.

So you are left with few options. The main two are bankruptcy and federal programs.


Yes, I know you said you were not eligible. However, do know the possible option regardless for later on. Originally seen as the last resort option, this is becoming increasingly a choice for many Americans. A Chapter 7 petition will only delay the foreclosure and will not allow you to force a reinstatement of the mortgage. However, you would discharge any deficiency, and the proceeding can delay the time by which you would be required to move out of the home by several months. A Chapter 13 proceeding will allows you to force a reinstatement of the mortgage by catching up on delinquent payments over time.


See this website:

...and click under EXPLORE PROGRAMS to see what kind of relief you can possibly qualify for. This aggregates all different types of possible programs you can utilize. This may be useful.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.