Vinny Saprano
New Member
- Jurisdiction
- Michigan
My Michigan home was F/C on 07-28-10. B of A purchased the property at the Sheriff sale. I waived my redemption rights and vacated property in Sept 2010. I withdrew money from my 401k, gifted it to my girl friend (now my wife) and she purchased a home in AZ where we now reside. The house is in her name only as I did not know if the creditor would perform routine searches to determine if I owned other real estate that could be liened in a deficiency judgment. B of A finally sold the property on 10/27/11 for $68,500 leaving roughly a $180,000 deficiency. I am not aware of any deficiency judgment against me at this time.
My wife is currently experiencing potential financial issues where bankruptcy could be a consideration. My concern at this time is whether her creditor could potentially lien the AZ property in a judgment against her. Under AZ bankruptcy law, there is only a $150,000 exemption for a personal residence and given the existing equity that would create an expensive problem.
THE CURRENT QUESTION: Should I still be concerned about a deficiency judgment against myself stemming from the B of A mortgage debt? I now desire to put the AZ house in my name. I understand Michigan Statute 600.5813 states a judgment action must commence within a period of 6 years from the date of the claim/default. That suggests to me that the 6 year period expired "around" June 1, 2009, the date on which I defaulted on making payments to B of A (my last mortgage payment was made on May 1, 2009). COULD SOMEBODY CONFIRM IF THIS PLACES ME ON SOLID GROUND AGAINST A FUTURE DEFICIENCY SUIT?
As a side not, it's been suggested that the gifting of my 401k funds to my girl friend to purchase the AZ property "might" be construed as a fraudulent conveyance for the purpose of attempting to insulate myself from collection by B of A, et al, if a judgment had been obtained against me. But since the 6 year period has lapsed and I have no evidence of a judgment, I suppose it is a moot point. Further, I might actually be correcting/reversing the effect of the monetary conveyance to my then girl friend.)
I realize I'm sounding sleazy and conniving. Frankly, I don't give a hoot. I'm as entitled as anyone to play the system after losing a 6 figure job in a miserable economy, and $300,000 in home equity per the appraisal I received just 2 short years before my decision to default on the mortgage. Thank you Barney Frank and Christopher Dodd and lets not forget Bill for his CRA initiative.
My wife is currently experiencing potential financial issues where bankruptcy could be a consideration. My concern at this time is whether her creditor could potentially lien the AZ property in a judgment against her. Under AZ bankruptcy law, there is only a $150,000 exemption for a personal residence and given the existing equity that would create an expensive problem.
THE CURRENT QUESTION: Should I still be concerned about a deficiency judgment against myself stemming from the B of A mortgage debt? I now desire to put the AZ house in my name. I understand Michigan Statute 600.5813 states a judgment action must commence within a period of 6 years from the date of the claim/default. That suggests to me that the 6 year period expired "around" June 1, 2009, the date on which I defaulted on making payments to B of A (my last mortgage payment was made on May 1, 2009). COULD SOMEBODY CONFIRM IF THIS PLACES ME ON SOLID GROUND AGAINST A FUTURE DEFICIENCY SUIT?
As a side not, it's been suggested that the gifting of my 401k funds to my girl friend to purchase the AZ property "might" be construed as a fraudulent conveyance for the purpose of attempting to insulate myself from collection by B of A, et al, if a judgment had been obtained against me. But since the 6 year period has lapsed and I have no evidence of a judgment, I suppose it is a moot point. Further, I might actually be correcting/reversing the effect of the monetary conveyance to my then girl friend.)
I realize I'm sounding sleazy and conniving. Frankly, I don't give a hoot. I'm as entitled as anyone to play the system after losing a 6 figure job in a miserable economy, and $300,000 in home equity per the appraisal I received just 2 short years before my decision to default on the mortgage. Thank you Barney Frank and Christopher Dodd and lets not forget Bill for his CRA initiative.