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I filed for bankruptcy last year and currently paying my…

I filed for bankruptcy...

I filed for bankruptcy last year and currently paying my monthly payment that is due. My now husband is buying a house and wants to put me on the title, will there be an issue? will they put a lien on the house if im on the title?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

My husband is in contract right now with the sellers. I have not done anything on my end, but I was told i had to be on the title since i am married to him

Lawyer's Assistant: Where is the house located?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Noting else

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Answered in 7 minutes by:
5/29/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,101
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

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If your bankruptcy case has been finalized by the court, then it is set in stone. If you are later gain other assets, that wouldn't affect the existing bankruptcy case unless it is still pending as that would change your assets.

.

So as long as you comply with the BK payments, there is nothing that they can do with the new house if you are put on the title..

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thanks

Barrister

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Customer reply replied 2 months ago
Thank you for your answer. When you say "finalized by the court? am I assuming correctly that you mean, that my case has already been seen by the judge, which is why I am now making my payments. Also, the escrow company has a form that they want me and my husband to complete and one of the questions is "I have never been adjudge bankrupt, nor are there any unsatisfied judgments or other matters pending against me which might affect my title to this property EXCEPT as follows" --- Im not sure how to answer this question. Please help

When you say "finalized by the court? am I assuming correctly that you mean, that my case has already been seen by the judge, which is why I am now making my payments

.

Correct...the judge has signed off on the final BK order setting payments..

.

Also, the escrow company has a form that they want me and my husband to complete and one of the questions is "I have never been adjudge bankrupt, nor are there any unsatisfied judgments or other matters pending against me which might affect my title to this property EXCEPT as follows" -

.

You simply have to answer it truthfully if you will be put on the deed/title during the purchase... But if this raises problems with the lender, you might want to wait until after he closes on the purchase, then just add you to the deed with a quitclaim deed..

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Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,101
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 2 months ago
No questions for now. Thank you! However, I will be calling next time should I have more questions.
Customer reply replied 2 months ago
I just spoke to the escrow company and they told me that a lien can be put against the house since my bankruptcy isn't completely paid off. Is that true?

Technically if you become a part owner of the house, then it is an asset that you own and if there is a judgment against you the creditor could attach that new asset.

.

But the point of a bankruptcy is to give a debtor a fresh start, so I would disagree with the escrow company's claim that they can come after the new house. The escrow people handling this transaction are apparently not aware of this. The escrow company should know that old judgments don’t attach to new property after bankruptcy. That’s the basic thing that everybody who has anything to do with real estate should know about bankruptcy.

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With that said, I again say that as long as you are complying with the BK payment agreement put in place by the judge, they can't file a lien on any new assets.

.

.

thanks

Barrister

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Customer reply replied 2 months ago
I have another question:My husband is purchasing a house only under his name. However, the underwriter is giving us a hard time because I filed BK before we got married which included a tax lien. I provided documentation from my lawyer and proof that the tax was included in the BK, however the underwriter wants a written letter from the IRS agreeing to the chapter 13. But no such document exist other than the agreed to BK payments that the IRS gets a portion of. My loan officer received this from the underwriter. Is this what the underwriter asking or saying correct? They are telling me to get out of the chapter 13 and enter a payment plan with the IRS, which i think is nonsense. Also, is there a law in california that states that my husband is NOT liable for any debts a acquired before marriage.
Customer reply replied 2 months ago
this is what we received from the UW.
Customer reply replied 2 months ago
Underwriter: While the tax lien appears to be properly filed/covered for BK purposes, inclusion of the lien in BK doesn’t meet the FHA requirements. The NPS would need to apply for a separate payment plan directly with the IRS with 3 monthly payments made in order for the lien to remain openMe: I have attached the email directly from the BK attorney on this file. This is a Chapter 13 BK where there are payment arrangements made on creditors (the IRS being one of them) and monthly payments are made until the debts are paid in full. This is NOT a chapter 7 where all debts are wiped clear….. it seems to me that Meghan is treating this situation like a Chapter 7 without reviewing the attached email and all documents given directly from the BK attorney. The payment history is there as well as the filing of a Chapter 13 NOT a 7.In the BK attorney’s email at the bottom it states: “ I hope this makes it clear to you that IRS has agreed with the Chapter 13 Plan, has indicated the amount that IRS wants the Trustee to pay, and IRS has received some of the payments. The full amount of $28,357.32 (secured potion of the claim) and $128.48 (1% of unsecured portion of the claim) will paid by Chapter 13 Trustee before the completion of the bankruptcy case.”Underwriter: Ok, I understand wanting to use $600 but that is the payment for the entire BK not just the IRS debt. There have been 5 disbursements to the IRS, not for a consistent amount, there is not an IRS agreed upon plan for payment, the NBS could at any time opt out of the BK and not be in an IRS installment plan. CA is a community property state and therefore the borrower could be liable by the IRS. I do not see anything from the IRS showing that he (the borrower) is exempt from collection or liability. I can’t approve using the $600 payment it does not meet the guidelines as we have been instructed by HUD for IRS plans in community property states for a NonBorroweringSpouse with IRS liens.Me: I do not see anything from the IRS showing that he (the borrower) is exempt from collection or liability. = they were just married on April 2018. This BK was filed before NBS was married to our Borrower.UNDERWRITER: You would have to provide the state law for CA that exempts the NBS from collection due to debts acquired to marriage.Me: I’m sorry I don’t understand? Do we need this for our borrower or NBS? How to we provide this?Underwriter: You need to provide the case law for CA that states that a debt acquired prior to marriage is exempt from collection action against the other. It would work both ways for either her or him. you would need to find the case law for this. I know Texas and Nevada have a law, how it was obtained I don’t know. I don’t think CA has one. which takes me back to what I originally said in that we cannot exclude it, we do not meet guidelines.Me: I left you a voice message as I was hoping to speak with you as I had some additional questions. I understand Meghan went to FHA regarding this Ch 13 question regarding a Non-Purchasing Spouse….would it make a difference since the CH 13 BK was filed PRIOR to them being married? Also, would this fall under following CH 13 guidelines as the IRS lien was included. I feel this is where the disconnect is as this is not a regular IRS payment plan she set up since it was included in her BK. We are also not excluding the payment from the Ratios. We are hitting the Buyer with the $600 per month payment the NBS makes to the CH 13 Trustee. He still qualifies with this payment.Underwriter: It makes no difference in CA when she filed BK or got married, it’s a community property state. The $600 payment is for the entire Ch13, not the IRS payment. As I stated before, you must be in a repayment plan with the IRS. She can exit the Ch13 at any time, she can be thrown out for non-payment, She is liable to the IRS either way. The NBS must be in a valid repayment agreement with the IRS not the CH13, or you can prove the borrower is not liable by providing the case law that excludes the borrower for debt acquired prior to marriage but I am not aware that there is such a thing. bot***** *****ne is that what you have now is not acceptable, I am not sure what else I can tell you.
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