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Welcome to the During Bankruptcy category of the Support Group. You just filed for bankruptcy, what happens now? This is the place for discussions about During Bankruptcy.
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Discussion: joint ownership of home  (Read 1335 times)
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« on: March 08, 2010, 07:32:24 PM »
justoneperson
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Hi everyone,
I've just been informed by my trustee that I may have to sell my home. I share ownership with my daughter (who is not filing for bankruptcy).  Technically wouldn't I only show half of the value for assets?
 I've been told there is no equity built up in our home as we have only been here for 3 years. We bought it for $137,000 and still owe $125,000+. In fact I owe money to her for covering the mortgage since last August when I lost my job. She is carrying pretty much everything right now.
If I was forced to selll I would have no place to go nor would my daughter. We have no savings and if the house was to be sold we would get bupkiss in return. We'd essentially be homeless. I couldn't even rent with no credit! And we have no savings at all ( they already took my last $600!). We can't afford to sel or move!
Right now I only work about 11 hrs. per week at $11/hr. My EI runs out in August this year. Finding a full time job is difficult with no career or tenure background. I am scared to death and not able to sleep for fear of losing my home. I am so streesed out I am sick!
 Surely they cannot force me to sell if I do not own it 100%?!!! Can anyone help?
Thanks!
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« Reply #1 on: March 08, 2010, 08:51:05 PM »
TreeFrog
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Hi!

As far as I know, only half the equity in the home (which is minimal) should be considered an asset of yours if you co-own with someone else.

Seems odd that your trustee would push for a sale when the equity is so minimal, but I don't know all the ins and outs of your situation. If you don't like what he's doing, I believe you can switch trustees.

~Wendy
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« Reply #2 on: March 10, 2010, 07:43:09 PM »
justoneperson
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Thanks Wendy,
My daughter and I bought our home 3 years ago for $137,000 and have $126,000 still owing on it. If it had to be sold it would not get what we paid for it now as like units Townhouse condo)in our complex are selling about $10,000 less as condo fees have gone up and new builds are sprouting up around us. Our unit is about 25-30 years old.
By the time we sold it we'd have nothing. As neither of us have savings, we'd have no money for relocation so we'd be homeless. Our trusteee tried to suggest we rent but we couldn't raise any money for first and last and with no credit or full time job right now, I'd be refused application. I am not sure if the fellow is working for or against me right now. Sigh.
I shall ask him this week. I filed for bankruptcy last August and this issue with the house was just mentioned last week. I am sick to death and stressed so much I can't sleep.
Anyway, thanks for the input. Now I have at least some positive information to deal with. I think he needs to be reminded it is shared not sole ownership!Thanks again. I wish this nightmare was over. Bonnie
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« Reply #3 on: March 10, 2010, 11:16:21 PM »
TreeFrog
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Hi again,

With the information you have provided in your last post, it seems even stranger that your trustee would be pressing you to sell your house - especially in mid-bankruptcy (I can see it being an issue, perhaps, if the house suddenly INCREASED in value significantly during bankruptcy, giving you a windfall, but you say your house's value has decreased).

Your equity is based on what's termed the current "fire sale" value of your house (that is, what it could be sold for quickly). It's not based on what you bought the house for. So, if the market value of your house has decreased while you've owned it, you may now have close to zero equity, or even negative equity.  In that case, if the house were sold it would contribute nothing to the benefit of your creditors.

And, of couse, there's the cost of selling - around 5% of the sale price to the realtor, and a few thousand in incidental costs. Considering this, selling would actually cost money.

You'll need to ask your trustee, specifically, how selling the house could produce any money for your creditors. You deserve to know the rationale for what is being suggested, since the trustee works for you as well as for your creditors. Hopefully he'll realize it's a bad idea, and you can take this off your worry list.

I hope you'll let us know what you find out.

Best wishes,
~Wendy
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« Reply #4 on: March 15, 2010, 02:41:56 PM »
justoneperson
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Me again, Today's update re: sale of home.  I have contacted another agent to give me a value of opinion regarding my home so that the trustee can see that I am not an idiot. He is still of a mind that my renting is cheaper than maintaining what I have.
I spoke with hi on the phone this mornign to try to clarify some issues regarding paperwork which I received last Friday that sent me into panic mode! A timeline was never explained to me nor was the process. All I was ever told was that this would take up to 2 years to complete. I was never told about opposition and court costs! HE actually spoke to me with his back up and I was in tears! Apparently all this paperwork is "after the fact" of a meeting we had last week regarding the value of the house and he told me I'd have to go to court to get a discharge. HE NEVER said anything regarding "opposition", noine month deadlines, sworn statements, etc. I was so freaked and confused and he was just harsh!
I am going to see him by the end of the week and hopefully have the value of opinioon to show there is no equity and it is my best choice to stay put! Honestly I just wish this trustee would speak clearly and be definite about all the timelines, requirements, etc. This is like being pushed down a slope into a bottomless pit and told not to panic!
He may know his job and the process but I don't! And I don't appreciate being talked to like a liar or a idiot. The stress is making me sick and his staff is not helpful.
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