Can I file for Bankruptcy to stop foreclosure on my home if I am on the Deed but not on the loan? - Bankruptcy Law Questions and Answers- LawQA.com

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Can I file for Bankruptcy to stop foreclosure on my home if I am on the Deed but not on the loan?

We have just been denied a modification and Bankruptcy might be our only option left, however, my spouse does not want to file but I do. The loan is in her name and the deed is in both of our names. Can I file to get protection and pay the past due payments in a repayment plan?

Answer By George Hoselton
George Hoselton Bankruptcy Attorney
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Bankruptcy is complicated and very individual to the person. Our advice and recommendations for you is based on your entire circumstance. There is a free consultation to come in and speak with our office where we can give you specific advice on your situation. I apologize that I am unable to answer this question for you at this time. We look forward to hearing from you. If you are located in Oregon, please do not hesitate to contact me.

Answer Applies to: Oregon
Replied: 6/8/2011

Answer By Doan Law Firm
California's Largest Family of Attorneys
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Generally, you should both file to have the bankruptcy protection to stop the foreclosure.

Answer Applies to: California
Replied: 6/3/2011

Burnham & Associates
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No, filing Bankruptcy only offers protection for the people obligated on the debt. If your wife does not want to file Bankruptcy, your choosing to file will not prevent foreclosure.

Answer Applies to: New Hampshire
Replied: 6/2/2011

Daniel Hoarfrost, Attorney at Law
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Technically, without doing some time consuming legal research, I think the answer is no.The real question is whether or not you can put together a viable repayment plan.I assume you're considering a Ch 13.If you and your wife would like to meet and consult about the prospects in a Ch 13, then she may change her mind about filing the bankruptcy. Feel free to call my office, 503-296-6777, and arrange a consult.I charge $200 for that type of in-office consult.

Answer Applies to: Oregon
Replied: 6/2/2011

Greifendorff Law Offices, PC
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You could, but only if there are no complications. You're not the debtor in this case and have limited rights to defend against the lender.

Answer Applies to: California
Replied: 6/2/2011

Answer By Spencer Hale
Jackson White, PC
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How did you get on the deed without being on the note? What bank allowed that? Anyway to answer your question, yes. You can file bankruptcy to protect that property. As soon as you file bankruptcy, the property will be protected in the bankruptcy, but this protection will not last long unless you deal with the lien appropriately. Your situation is complicated because the note is not part of the bankruptcy (unless you happen to live in a community property state). You really ought to speak to an attorney near you to get some help. Your wife should speak to an attorney as well so she at least knows what she is up against.

Answer Applies to: Arizona
Replied: 6/2/2011

Law Offices of Michael J. Berger
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Yes. If your name is on the deed, your filing a bankruptcy will stop the foreclosure sale. A Chapter 13 would allow a repayment plan to catch up on back payments over a five year period. Before any bankruptcy filing, you and your wife should both consult with an attorney who specializes in bankruptcy law. I am certified by the Legal Board of Specialization of the State Bar of California as a Specialist in Bankruptcy Law. For a free consultation, call me.

Answer Applies to: California
Replied: 6/2/2011

The Schreiber Law Firm
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A bankruptcy stops creditors from acting on "property of the estate". If you own property subject to someone else's loan, that property would be "property of the estate" so the bankruptcy filing would stop any actions for a while. However, unless you get the lender to agree to a repayment program, a Chapter 7 petition will only slow down a foreclosure, only a Chapter 13 can provide for a repayment plan and that must cure the entire past due amount in a maximum of 60 months.

Answer Applies to: California
Replied: 6/2/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Yes, you can.... but make sure you have a good lawyer who knows what he or she is doping to make it happen.

Answer Applies to: California
Replied: 6/2/2011

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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A Chapter 13 plan would not work for you if you are not on the mortgage. Your spouse would have to file to gain that protection which would allow you to catch up on the arrearage over time.

Answer Applies to: Indiana
Replied: 6/2/2011

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