Personal Bankruptcy Forum


Author:   Handshake
Date:   January 11 , 2002
Question:  

Some years ago, I gave money to a relative to pay of his mortgage so he had the monthly payments instead to cover living expenses and support his young family. The verbal deal was that he would not mortgage the property in any form thereafter. The deal was 'consummated' by a handshake only.

He violated our agreement without my prior knowledge.

Should bankruptcy occur, would this 'handshake' agreement carry any form of preferred status similar to that of a secured creditor vs. any presently unsecured creditors?

Any suggestions?

 


From:
 

Ann Clarke, Collins Barrow Limited
Date:   January 14, 2002
Answer:   Unfortunately, in the absence of a signed loan agreement and documentation encumbering the house, you aren't a secured creditor. You would be an unsecured creditor (without preferred status) if you can prove that you lent your relative the money.

Ann Clarke
phone: (403) 296-2972
aclarke@moneyhelp.ca




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