Monday, July 18, 2011
Should my dad quit claim the deed to a condo into my name? (State of Michigan)?
i am hoping you can help me with my legal dilemma... i am 36 yrs old and receive SSI benefits. having had medical problems and not being able to work i racked up some credit card debt. as of right now i owe about $5400 and am struggling to make the minimum payments. i filed bankruptcy in 2006 so i cannot file again until 2014. earlier this year my father received a small inheritance and bought a $27,000 condo and put 10% down. there is a mortgage on the condo. he is married to my mom and the condo is in his name only. he also jointly owns his primary home with my mom and the home has little if any equity. he also owes about $5,000 in credit card debt in his own name and my mom has credit card debt in her name. they get buy with social security and a pension as they are 65 yrs old. my dad purchased the condo for me so i always have a place to live (i am also an only child). a friend of mine is currently renting the condo and i am still living in my parents home. in the near future i will be moving into the condo and my friend and i will share the mortgage, assn fee, utilities, etc... NOW, HERE IS THE DILEMMA: As of now the condo is deeded in my dad's name only. I can no longer keep up with my credit card bills and will stop paying on them very soon as SSI does not pay very much money. My dad wanted to add me to the deed or totally quit claim the deed to me but I'm worried about doing that as of now because I will soon have debt collectors after me who could get a judgment against me and and put a lien on the condo if it is in my name fully or jointly with my dad. I know in 2014 I will be able to file bankruptcy and have a clean slate at that time and then have my dad put the condo in my name without the fear of a judgment lein. In the mean time my mom, dad and I worry about if something happened to my dad and my mom could no longer keep up the mortgage and his or her credit card bills then the condo could be in jeopardy in that regard (as to leins, etc). Also, we know that if my dad had to go into a nursing home that the state goes back 5 yrs as far as property transfers and by waiting until 2014 to do anything it will actually be 8 years. My dad is in ok health (has had a couple of heart attacks) but he is doing fine right now. I need legal advice as to what to do? Should we wait it out until 2014 after I file bankrupcy and will have no fear of judments against me (as of now i have no assets)? What would be the best way to protect the condo as I am hoping to live in it for many many years... We would hate to have liens put on it. At the same time with my dad's age would it be wiser to have the condo quit claimed to my name? If it were held jointly between us as of now that would make my bankruptcy messy in 2014 and also make the condo subject to probate at some point wouldn't it?
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