Bankruptcy. Quit Claim Deed
Can you please help me with this problem. I filed a quit claim deed back in June 2004, transfering my home to my parents.It was recorded in court in September 04. I filed for Chapter 7 Bankruptcy in June 2006, and everything was discharged in November 2006. Last month I tried to refinance my mortgage, and transfer the property back to my name. I found out that there is a lien on the house from one of the creditors that was included in the Bankruptcy. The new mortgage company will not approve the loan unless I pay this 10K to the creditor that has a lien on the property. The lien was filed in November 2005, 14 months after the quit claim was recorded. Can they legally have a lien on the house even though its been 3 years since the quit clain deed was done ?, and the bankruptcy was filed over 2 years later. Please help me, I just want to get my life back in order, and get my home back in my name. Thanks for your help.
Re: Bankruptcy. Quit Claim Deed
You need to be careful because if you transferred the property to your parents, filed bankruptcy, and are now transferring the property back to yourself, the bankruptcy can and typically will be set aside on the basis of a fraudulent conveyance.
Gordon Nicol
Law Office of Gordon T. Nicol
7545 Centurion Parkway, Suite 108
Jacksonville, FL 32256
Re: Bankruptcy. Quit Claim Deed
If the debt was discharged the lien should be removed. A court proceeding may be necessary.
David Slater
David P. Slater, Esq.
5154 Windsor Parke Dr.
Boca Raton, FL 33496