Ch. 7 secured personal loan binding?
Asked Jul 30, 2008, 06:51 AM
My mother sold her home to my brother (but still resides on the property) He deeded the property in his name, my name, and her name. A short time later my mother obtained a personal loan from CitiFinancial for $6000.00 and they listed this home as collateral, unbeknownst to them that she had sold the home to my brother. The home has no equity being mortgaged potentially now (overvalued) due to market and home values decline. Would this collateral be binding since she had previously sold the home to my brother? She is 65 suffering numerous health problems and bills and is widowed. Could this debt be discharged, is being on a deed considered full ownership?