Legal Question in Real Estate Law in California

bankruptcy?

If I cannot pay for a lawyer or legal fees, or cannot sell the home, or cannot have other owner refinance - is my only answer to get myself clear of the property to declare bankruptcy?

(two owners - one lives there - I do not - I'm the only one on the loan)

Please advise..


Asked on 3/19/08, 1:28 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: bankruptcy?

I'm not a real estate attorney. I can tell you this, though. If you do not pay the mortgage, the home likely will go into foreclosure. California is a non-deficiency state which means that the holder of the first deed of trust usually will recover the property and will not be able to seek the differnce from you if it is a non-judicial foreclosure, as most are.

If there is a second mortgage or equity line of credit, however, that may be a different story.

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Answered on 3/19/08, 1:35 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: bankruptcy?

Call me and we can see if we can help you.

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Answered on 3/19/08, 1:41 pm
Cathy Cowin Law Offices of Cathy Cowin

Re: bankruptcy?

No, bankruptcy may not be your only option. You can petition the court to require that the home be sold. A foreclosure would show on your credit history and so you want to avoid this scenario. I understand you have already indicated that you can't afford an attorney, but there is a good chance that an attorney may be able to help you deal with this in a more positive way.

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Answered on 3/19/08, 1:47 pm


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