Can I file for Bankruptcy to stop foreclosure on my home if I am on the Deed but not on the loan? 17 Answers as of July 12, 2013

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?

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George Hoselton Bankruptcy Attorney
George Hoselton Bankruptcy Attorney | George Hoselton
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: 6/9/2011
California's Largest Family of Attorneys
California's Largest Family of Attorneys | Doan Law Firm
Generally, you should both file to have the bankruptcy protection to stop the foreclosure.
Answer Applies to: California
Replied: 6/6/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
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: 6/3/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
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: 6/3/2011
Greifendorff Law Offices, PC
Greifendorff Law Offices, PC | Christine Wilton
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: 6/3/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    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: 6/3/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    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: 6/3/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    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: 6/3/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    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: 6/3/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    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: 6/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A lender has always screwed up badly when they let one person be on a loan but have two people on a deed. That screwup creates a problem for you as you have an asset in bankruptcy but no debt to list. Without your spouse on the bankruptcy, you are likely to not save the home. You and your spouse need to see a lawyer ASAP. You need to get on the same page before he costs you your home.
    Answer Applies to: Georgia
    Replied: 6/2/2011
    Sweeney Law Offices, P.L.L.C.
    Sweeney Law Offices, P.L.L.C. | Jesse Sweeney
    Yes you can - Chapter 13. Hire a lawyer stat.
    Answer Applies to: Michigan
    Replied: 6/2/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If you are not the borrower you cannot pay arrearages in a chapter 13 plan.
    Answer Applies to: California
    Replied: 6/2/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    The automatic stay applies to all property of the bankruptcy estate and since your name is on the property,there is no question it's part of the bankruptcy estate. However, if the only reason the BK is being filed is to thwart a foreclosure, then you have a possible bad faith filing. Is there other debt such as credit cards or medical bills?
    Answer Applies to: California
    Replied: 6/2/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    Yes you can file. A repayment plan would be offered in a Chapter 13.
    Answer Applies to: California
    Replied: 6/2/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes, anyone having an ownership interest in the house can file and obtain the protection of the automatic stay to stop the sale of the property. It is the ownership interest and not the loan obligation that qualifies a person to ask for protection from the bankruptcy court.
    Answer Applies to: California
    Replied: 6/2/2011
    Law Office of Steve Cedillos
    Law Office of Steve Cedillos | Steve Cedillos
    Where are you located?
    Answer Applies to: Hawaii
    Replied: 7/12/2013
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