Can I stop foreclosure by filing bankruptcy through chapter 13? 5 Answers as of August 17, 2017

I am facing foreclosure. I am on the deed but not on the loan. She is on the loan. She does not live in the house anymore. What does that do to the loan that's in her name? Does it add me to the loan? How do I add myself to the loan?

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Stephens Gourley & Bywater | David A. Stephens
Yes you can, but the stop will only be temporary unless you have the ability to pay the mortgage or can get a loan modification.
Answer Applies to: Nevada
Replied: 8/17/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
These are important questions-but you really ought to retain a skilled bankruptcy or real estate lawyer in your locality. The problem can be solved, but it will take several hours of legal work, at least.
Answer Applies to: Wisconsin
Replied: 8/15/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can not be added to the loan unless the lender permits it, which is not likely to happen. If you can show you invested in the property, (made payments, paid the taxes and insurance, etc.) you can file ch13 to cure the default. I suggest however that you get a lawyer. Ch13 is no place for in pro per debtors.
Answer Applies to: California
Replied: 8/15/2017
Ronald K. Nims LLC | Ronald K. Nims
In Ohio, you can stop a foreclosure by filing bankruptcy up to the sheriff's sale of the property. So, if the sheriff's sale is scheduled for 9:00 AM and you get your bankruptcy filing time-stamped at 8:59 AM the sheriff's sale is void and you can cure the mortgage default through the bankruptcy.
Answer Applies to: Ohio
Replied: 8/15/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
I have filed several Chapter 13 cases in which the owner of the house was not on the real estate loan. With any competent Chapter 13 attorney representing you, it should not be a problem to get a plan approved and resolve the foreclosure.
Answer Applies to: Nevada
Replied: 8/14/2017
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