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Foreclosure Forum |
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get money back?I just bought a property in pre-foreclosure, and the homeowner is considering in doing bankruptcy, since she has many other debts. I have the Deed, and have done all the paperwork as usual, (Equity Purchase Agt., Trust, assignment of beneficial interest, the Deed, Affidavit of Deed, ect.), and have given her $3,000 as payment for her equity (50/50 split of equity). However I have not brought the payments current(about $16,000), because I am affraid that if she files bankruptcy, the judge might consider it a fraudulent transfer, and request me to deed the property back to her, resulting in me loosing the $16,000 that I used to cure the default. Do I have a valid concern here? Or would the judge actualy be aware that I am entitled to get the money back since I am returning the deed? I am not worried about the $3,000 that I gave to the seller, becouse I know that that is lost already, since she already spent it, but I am worried about the $16K.
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