My ex sis-in law offered to sell me her mobile home because they were going to consolidate bills into a new home loan and purchase another home. But the "contractor" she was dealing with ended up being a scam artist, and they didn't get it, he was arrested, etc. Now, before this was discovered, we wrote up a contract about the sale of the mobile to me,signed etc, and money was given to her during that time (have all checks with proof on them) so she could come up with her minimum down payment on the new home loan..in return my equity in the mobile home. Well needless to say she got screwed out of her "new" home, but I was the one really hurting since I was the only one who invested money in anything.
I recieved 1 payment of 100$ and then she boned out of state, and now I have recieved a notice of" Discharge of Debtor in a Chapter 7 Case" From California.( Out of state)
I was not notified of even she had filed or anything in order to explain the debt owed, or even if her sale of the Mobile Home was even legal to do...(just found out she didn't own it)
what are my options?????can I contest any of this or can I find out how I was listed as a "creditor"? if it was wrong????
Please help!!!!!!!! Thanks, Raven

LisaB4657

Yes, you can contest it. But before you start the process, consider two things: (1) your sister probably does not have the money to pay you back. Most likely she spent it on something else and the funds are no longer there. Since all of her other debts have been discharged she will probably start building up some money soon but it doesn't sound like she's the type who's likely to save her money so she can pay you back. (2) If you contest this you will have to claim that your sister committed fraud. She did this in two ways. She told the court that she notified you when she filed for bankruptcy that you were one of her creditors and that your loan to her would probably be discharged. And she entered into a contract to sell something to you that she did not own. Fraud is a criminal act. If you claim that your sister committed fraud she might very possibly go to jail.

So now you have 2 choices: you can let this go and chalk it up to a painful lesson learned, or you can retain an attorney ($$$), file a motion to set aside the discharge in bankruptcy, probably not get any money back since she most likely doesn't have the money, and maybe have her sent to jail.

I'm sorry that you've been put in such a lousy position.

CaptainForest

Wow, that’s one complicated question.

When reading, I wanted to say, you own the home. Just go get it. It’s your property.

But then I read she never even owned the home to begin with and therefore, was never in a position to sell it to you. That is fraud. That is a CRIMINAL OFFENCE. Go pay her a visit. Have her re-affirm her debt to you (in writing) and in exchange tell her you won’t go to the police and file charges.

And of course there are a whole other bunch of options you can act on. Another one being getting an attorney.