Legal Question in Bankruptcy in Ohio

My Daughter bought a house with her fiance about two and a half years ago. They have since broken up and he had quick claimed the house over to her. Unfortunetly the house is now in default and my daughter is in the process of trying to sell it. My daughter was just notified by mail that her ex-fiance has filed for bankruptcy. What we need to know is what this has to do with the house? Could this cause my daughter to loose her home, as his name is still on the deed? Any help in answering these questions for us would be greatly appreciated.


Asked on 12/12/09, 5:04 pm

1 Answer from Attorneys
David Michael Benson Benson Law Firm

If the ex-boyfriend is named by the lender in the foreclosure action, his filing bankruptcy may actually stay that lawsuit and provide additional time to work out a solution in concert with the bankruptcy trustee. If he is not a named party to the foreclosure suit and he no longer has any interest in the property, then his filing bankruptcy will probably have no effect on the lender's efforts to seize the collateral.

However, your daughter may want to consider her options in bankruptcy if she wants to (1) keep the house or (2) make sure she is not on the hook for a significant deficiency judgment.

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Answered on 12/21/09, 2:25 pm


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