Can bankruptcy stop sale of home if you are on note? 27 Answers as of August 08, 2014

My sale date is Aug 16, 2014. I am not on the note and my husband (separated) will not do the bankruptcy. Will I be able to stop the sale of my home?

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Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
If you are on the title to the home, a bankruptcy will stop the sale of the home.
Answer Applies to: Nebraska
Replied: 8/8/2014
Stephens Gourley & Bywater | David A. Stephens
It will stop the sale temporarily, but someone is going to have to pay the mortgage to stop it for more than a few months.
Answer Applies to: Nevada
Replied: 8/5/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes, it will stop it for several months.
Answer Applies to: New York
Replied: 8/5/2014
Garner Law Office
Garner Law Office | Daniel Garner
If there are valid reasons for you to file bankruptcy other than just stopping the foreclosure, then it would stop the sale PROVIDED, that your name is on the deed to the home. If your name is not on the deed, it would not be viewed as your asset and your bankruptcy would not stop the foreclosure. If your name is on the deed but you don't have a lot of debt other than the mortgage, the foreclosing lender could say your bankruptcy filing was in bad faith and move the court to allow them to go ahead and foreclose.
Answer Applies to: Oregon
Replied: 8/5/2014
Dickson Law Group, LLC
Dickson Law Group, LLC | John P. Dickson
If you are a named party in the foreclosure suit, the sale will likely be cancelled because of a timely bankruptcy filing. If you are not named in the foreclosure suit, the bankruptcy may cause the sale to be cancelled.
Answer Applies to: Illinois
Replied: 8/5/2014
    Ronald K. Nims LLC | Ronald K. Nims
    Yes, your bankruptcy will stop the sale of the home because you're an owner. But this would only be temporary, since the lender does have a lien your ex's half of the house, they can continue with the sale (after a delay that might be a couple months and might be a year). Since you own 1/2 the house, upon the sale, the court will pay you half the proceeds and the rest will go to pay off the loan.
    Answer Applies to: Ohio
    Replied: 8/4/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    If you file a Ch 13 Bankruptcy I do not see how a sheriff's sale could be valid if you are on the deed. The Ch 13 Trustee would find fault if you put the mortgage debt as a secured debt in the schedules since you are not on the note so that confirmation of a plan may be difficult. I would go ahead and file the Ch 13 and then if a plan cannot be confirmed convert to a Ch 7 and get a discharge of your debts. You should in the meantime call the mortgage company and see if they may have a solution that will allow you to get a hardship mortgage.
    Answer Applies to: Minnesota
    Replied: 8/4/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Are you on the deed? If you are, it might. If you are not on deed and not on note, you have a problem.
    Answer Applies to: California
    Replied: 8/4/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    Yes, if you are living in the property and/or have an interest in it you can file on your own and stop the sale.
    Answer Applies to: Illinois
    Replied: 8/4/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Are you sure your sale date is in the middle of the month? Perhaps it is the foreclosure hearing which is at least 3 weeks before the sale. If you are on the note and file bankruptcy, usually a 13, prior to the sale then the filing will stop the sale. It can be resumed if you don't pay per a plan.
    Answer Applies to: South Carolina
    Replied: 8/4/2014
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    Are you on the title? If the creditor is trying to foreclose your interest, a bankruptcy stay will stop it.
    Answer Applies to: Washington
    Replied: 8/4/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes if you are a defendant in the foreclosure.
    Answer Applies to: Florida
    Replied: 8/4/2014
    The Troglin Firm | William M. Troglin
    The sale date cannot be August 16, 2014 in the state of Georgia. Foreclosure sales in Georgia can only be held on the court house steps in the county where the property is located on the FIRST TUESDAY OF THE MONTH AFTER A 30 DAY NOTICE BY THE FORECLOSING ATTORNEY. If you are on the title to the property, you can file a bankruptcy and stop a valid sale but a Chapter 7 would only give you temporary relief - you would have to do a Chapter 13 in order to pay the past due payments through the plan.
    Answer Applies to: Georgia
    Replied: 8/4/2014
    David Andersen & Associates PC | Jeremy Shephard
    Yes, assuming you are on the deed.
    Answer Applies to: Michigan
    Replied: 8/4/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to look at the title-ling and interests. What is really going on. Generally you will not be able to possess the house in the long run unless it is paid for.
    Answer Applies to: Michigan
    Replied: 8/4/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    The filing of a bankruptcy petition will stop a foreclosure sale; however, it will not hold off the sale indefinitely. If you file Chapter 7, the lender can obtain relief from the automatic stay and proceed with the foreclosure sale. In Chapter 13, you have to make your ongoing payments and pay the arrearage in your plan if you want to keep you house. You should speak with an attorney before you make a decision on what to do.
    Answer Applies to: California
    Replied: 8/4/2014
    Tidewater Law Group PLLC | Seth Schoenfeld
    If you are on the property filing Bankruptcy will stop the foreclosure.
    Answer Applies to: Virginia
    Replied: 8/4/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Filing a bankruptcy can delay a foreclosure sale if you are on the title to the property, even if you are not on the note. But you need to be realistic. If you are considering Chapter 7, delaying a sale for a few months may not give you the result you are looking for. You need to consider whether you can afford to proceed with a Chapter 13 in order to bring all of your mortgage arrearages into current status and resume making ongoing mortgage payments.
    Answer Applies to: Nevada
    Replied: 8/4/2014
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Are you on the deed of trust? If not, is your husband willing to quitclaim some or all of the ownership interest in the property? If you are on the deed, you can reorganize your debts while stopping the sale of your home yourself.
    Answer Applies to: California
    Replied: 8/4/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You can certainly call the lawyer and the mortgage company at the bottom of the foreclosure sheet and see if they will work with you. They may refuse because you are not on the note, but it is certainly worth a try!
    Answer Applies to: Michigan
    Replied: 8/4/2014
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    It might be possible, but you need to set up an appointment with an experienced bankruptcy attorney NOW.
    Answer Applies to: Illinois
    Replied: 8/4/2014
    Goldberg, Scudieri & Lidenberg, P.C. | Alan J. Goldberg, Esq
    If you lasted on the deed for the property as an owner, then filing Bankruptcy will stop the sale of your home until further court order.
    Answer Applies to: New York
    Replied: 8/4/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    If you are on title, it will stop the sale, but only temporarily unless payments are resumed.
    Answer Applies to: California
    Replied: 8/4/2014
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