What do I do to if my parents filed bankruptcy around 20 years ago on a mobile home and land and they did not reaffirm the debt? 23 Answers as of May 02, 2014

The bank did not evict them. My mom has since passed away and my dad is on hospice. I am trying to find out what I can do with the property once he is gone. He does not know the attorney or where that paperwork is. The mobile home is worth nothing but the land it sits on is work maybe $15,000 so not a whole lot.

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
If they paid for it, they own it. Failure to reaffirm did not affect ownership.
Answer Applies to: Texas
Replied: 5/2/2014
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
I will try to fill in the blanks that your inquiry left out. If you are concerned about reaffirmation then I must assume that money is still owed on the property. This should not matter as long as the payments are being made. If the property was paid off during their lifetime then the bank/lender must provide them with the necessary documents to effectuate this. I can not provide any further response based on the information provided.
Answer Applies to: California
Replied: 4/24/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
Since you mentioned a reaffirmation agreement I assume that there was a mortgage on the land. At this point assuming that your parents owned the land as joint tenants then your father would own the land by himself. The mortgage debt would have been discharged as a result of the bankruptcy but the mortgage lien would survive the bankruptcy. As a result if your father were to sell the land the holder of the mortgage would be entitled to have its lien satisfied from the proceeds of the sale.? There is also a possibility that medical assistance would have a lien against the land if that office has paid benefits to your father or his care givers.
Answer Applies to: Minnesota
Replied: 4/24/2014
Stephens Gourley & Bywater | David A. Stephens
Check the title to see if there is a lien. If so , you will need to get the lien cleared before you can do anything.
Answer Applies to: Nevada
Replied: 4/24/2014
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
You need either an estate planning attorney NOW if your dad is still lucid, or a probate attorney after he dies. BTW, I do both. If the bank was paid in the last 20 years, then your dad should own the property free and clear. If not, you will need to pay the bank yourself to not lose the property. You should run a title search and find out if there are any other liens or outstanding real estate taxes owed while you are doing this.
Answer Applies to: Missouri
Replied: 4/23/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    20 years ago the debt was probably discharged. Go to the local bankruptcy court and they can pull up the paper work for you.
    Answer Applies to: California
    Replied: 4/22/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    This is like driving with blinders on. Its hard to give advice when you don't have the facts. Go to a Title Insurance Company and ask them to do an O & E. Your parents may have paid off the home, or the debt is no longer enforceable because of the statute of limitations. You may have to open an estate to get your mom's interest in the land vested in your father's name. Your father is then free to transfer the property. You need a Real Estate Lawyer. Good luck.
    Answer Applies to: Colorado
    Replied: 4/23/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can see if they will file a satisfaction of lien so you can sell.
    Answer Applies to: New York
    Replied: 4/22/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Check with whoever holds the mortgage on the land to determine what the balance is. The bankruptcy would not have eliminated the fact that the land still had a lien owed against it.
    Answer Applies to: Nevada
    Replied: 4/22/2014
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    The main issue is whether the mortgage on the property has been paid off and not whether the debt was reaffirmed during bankruptcy. You should check with the county clerk/registrar to determine if there are any creditors and whether they had filed any liens on the property.
    Answer Applies to: Texas
    Replied: 4/22/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    If the debt has been paid, ask the creditor to release the mortgage. If the debt has not been paid, you should be able to make the payments if you can afford to do so. If you can talk with a bankruptcy attorney or go to the bankruptcy court, you should be able to get a copy of the bankruptcy papers.
    Answer Applies to: Arkansas
    Replied: 4/22/2014
    Idaho Bankruptcy Law | Paul Ross
    The bankruptcy should not have had any effect on title to the property or such. Probably is not something you need to worry about. If the loan was paid, the property is likely free and clear.
    Answer Applies to: Idaho
    Replied: 4/22/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Go to the county recorders website. Look up if the deed is in their name. Look up, if they have any recorded mortgages of liens. If the land is clear, they own it no problem. If there are liens, probably not worth the effort to clear the title.
    Answer Applies to: Ohio
    Replied: 4/22/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    At this point the bankruptcy is irrelevant. Who is on title to the property? Find a real estate agent in the area and have them pull title. If the bankruptcy was 20 years ago, the statute of limitations has probably run on the note. You don't have enough information to make any decisions.
    Answer Applies to: Washington
    Replied: 4/22/2014
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    You don't have to do anything about the Bankruptcy. It is not usual to reaffirm on real property despite what the mortgage lenders might say. You don't say if your parents continued to make any payments. Is anything owed on the debt? That is what you need to know. If they paid it off then they would have owned the property free and clear. If they didn't pay it off then there would be a lien on the property in the amount that is due that would need to be paid. You need to check on the DMV for the mobile home and the County Recorder's office for the land to see who is on each title.
    Answer Applies to: California
    Replied: 4/21/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    You will need to check the county land records to determine if any liens are recorded on the property. You will not be able to dispose of it until you can get clear title, so you will have to contact the lienholders to find out if they are willing to release them. If the land is encumbered by liens you can't remove, then if your father is still competent, you might have him voluntarily transfer the deed to the bank while he is still alive and then it won't be part of the estate you would have to probate.
    Answer Applies to: Oregon
    Replied: 4/21/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    You need to determine two things: 1. Is the property still titled in your father's name? And, 2. Has the loan on the property been paid-off? You should be able to find the answer to these questions by going to the county recorder's office and looking at the records for the property. Once you determine the status of the property, you may want to contact an attorney to determine the best course of action to take.
    Answer Applies to: California
    Replied: 4/21/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Go to your local county recorder and trace the property. chances are it is still in the name of the bank. Maybe you can negotiate a deal and give them $5000 and you take the balance of whatever you sell it for.
    Answer Applies to: California
    Replied: 4/21/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You need to contact the lien holder and do a title search to see if there are liens encumbering the land. Ownership does not transfer from your parents to the lender based on not reaffirming the loan. Many loans are not reaffirmed and mortgages are paid in full and liens are released.
    Answer Applies to: Indiana
    Replied: 4/21/2014
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    If you wish to keep the property, you need to find out if there is a balance owed on the property and then pay it, otherwise, the bank will foreclose and repossess it.
    Answer Applies to: Georgia
    Replied: 4/21/2014
    Bensamochan & Poghosyan LLP | Eric Bensamochan
    Re-affirming the debt only means that he is not going to keep personal liability on it. Best to run a title report and see what liens appear on the land.
    Answer Applies to: California
    Replied: 4/21/2014
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    The questions to ask are not whether the loans were reaffirmed, but whether they were paid. Assuming your parents continued to "voluntarily" pay the loans then the mortgages may well have been satisfied. My guess is that if they did not continue to pay the lender would have repossessed the mobile home and foreclosed on the land.
    Answer Applies to: Colorado
    Replied: 4/21/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Shouldn't be a problem.
    Answer Applies to: South Carolina
    Replied: 4/21/2014
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