Why Are They Putting Me Thru H***

[temple]

This is a vent...

 

If I may, could you please explain something to me....

 

Debtor files bk, claims homestead as exempt

Debtor stops paying for homestead and moves out

Estate Trustee abandons exempt homestead

Debtor is discharged, but NOT from lein on homestead.

 

How is it that the homestead was never considered as seizable property in the bk, the lein survived and debtor just gets to walk away, leaving everyone else who made the mistake of trusting debtor to clean up after him.....and those innocent scammed ppl can lose it ALL as a result and yet they have NO RECOURSE. How do the Federal Courts apply that as Justice?

 

It just seems very, very wrong.

[hegemony]

what exactly did you lose?

[temple]

In the process of paying for two homes, one I bought before we met....debtor is on both notes, only 1 deed...."decided" he wanted out after 7 years...filed and was discharged fm ch 7, after hiding the mail fm me about the 341 so I would not attend.....prior to discharge moved out and bought a 300,000 home and put in a pool. Had 35k in receipts on property not reported on his schedules...I took them to the trustee, who decided MY property was much easier to take, so, even though debtor never paid a dime towards it, bk court sueing me for "his interest, if any". Cant rent it, sell it, just keep throwing money into both homes in an effort to keep them out of foreclosure. Have now exhausted my savings and 401k, paid the mortgages last month with credit cards....which are also a 60k debt problem....still getting credit card and new car loan offers to the tune of 3 and 4 a day at this address for him due to the bk.....theres more but I think you've got the jist of it now....

[radi8]

IIRC you own a home that is deeded to you alone, although the mortgage is in both your name and your ex-SO's.

SO has never paid a penny towards the mortgage, and was discharged in his BK.

BK trustee is considering the home as the SO's "Asset", even though it isn't deeded to him and is trying to get "his share" in cash out of you.

SO owns another home which is exempt from the BK.

You were never married, community property is not an issue.

 

This is a simple issue. There is no "his share" of the house, he's neither on the deed nor has made any payments towards it. The only way you are going to untangle this is by hiring a good att'y. Doing so really isn't even optional. You have to. Your SO, with the assistance of the BK court is going to bulldoze you otherwise.