can i lose my new home when the seller files bankruptcy 6 months after the sale?

Question

I bought my home in 02 from my mom with a gift of equity of 40,000. 6 months later she filed bankruptcy. she made 0 dollars on the sale. ( i paid off her old mortgage of 55,000 which is all she wanted). Now the bankruptcy court wants to take my home inless i pay off her debt. can they do this

Answer 1

That would depend. Did you have the name legally transferred out of her name and into yours? If not, then legally, the house is still your mothers, regardless of whether or not you paid off the debt.

Even if you did have it legally changed, there may be some recourse for the creditors of your mother. It is against the bankruptcy law to dispose of property for significantly less than its worth for a period of a year or two before bankruptcy. This is to prevent someone from selling all their possessions dirt cheap to another individual, then declaring bankruptcy, and buying the possessions back afterwards, thus keeping their assets secure. Depending upon the home's appraised value, the creditors could come after the house using this part of the law.

Sorry to not have better news.

Answer 2

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RE Can i lose my new home when the seller files bankruptcy 6 months after the sale?

I bought my home in 02 from my mom with a gift of equity of 40,000. 6 months later she filed bankruptcy. she made 0 dollars on the sale. ( i paid off her old mortgage of 55,000 which is all she wanted). Now the bankruptcy court wants to take my home inless i pay off her debt. can they do this

Answer 3

If you purchased the house and there are no liens on it, it's yours. However, if a legit lien was placed on the house (even after the purchase was completed), then you can risk it.

A lien can only be placed on the house if YOU failed to do something or Mom failed to do something during her ownership. If she filed for bankruptcy while she owned the house, then the house is subject to her bankruptcy and YOU will be required to satisfy the court's demands.

However, if you have title insurance, you're covered. If not, then you made a BIG mistake by not getting it.

Get yourself a real estate lawyer ASAP.

Answer 4

I don't think so. Did you have everything transfered into your name? If you did, they shouldn't be able to touch it.

Good Luck