Can my spouse file for bankruptcy to stop a foreclosure if he is not on the loan? 11 Answers as of March 22, 2011

we need to stop a foreclosure on our house, it is only in my name. Can my husband file for bankruptcy alone to stop it since he has interest in the property by living here?

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Benson Law Firm
Benson Law Firm | David Benson
There are two avenues you may want to pursue: 1. Defend the foreclosure and attempt a loan modification in the context of court-ordered mediation or 2. File Chapter 13 bankruptcy yourself and, in the meantime, work with a HUD-certified agency on a workout.
Answer Applies to: Ohio
Replied: 3/22/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
If you want to stop a foreclosure by filing bankruptcy, you need to have an interest in the property. Being on title is best. Being a trust deed holder may work. Living in the property is NOT enough. For specific advice and help, call me.
Answer Applies to: California
Replied: 3/11/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Many factors to consider, such as whether or not you live in a community property state. Co-owners/co-signers will however be listed in the matrix
Answer Applies to: Washington
Replied: 3/11/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Short answer: no - he must have a legal interest in the foreclosing note.
Answer Applies to: Indiana
Replied: 3/11/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
No. A person can only discharge a debt that they are personally responsible for and your husband is not responsible for that debt. The second issue is that a bankruptcy filing will only delay the foreclosure unless you bring the loan to current status (a loan modification and reduced payments may be possible through a chapter 13, however). Your husband's living in the property does not give him any interest in the property.
Answer Applies to: California
Replied: 3/11/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Not sure why you cannot file yourself which would probably make more sense. However, if the house is community property he can so state in the petition for bankruptcy if true. That means he has a 50% interest in the property which will go into the bankruptcy estate and be subject to the automatic stay. Just the fact that he lives there is not sufficient. He must have an interest in the property as an owner. You must have a lawyer to review the situation. This is too important to be relying on questions here or anywhere else by a lawyer who is not your own lawyer and who does not have all the facts and other information required to answer your questions reliably. Again, I would say that the automatic stay should apply but see a lawyer to give you specific advice and to look at your entire situation and not just using bankruptcy to stop the sale. There is a lot you and your husband need to know about the benefits and risks of bankruptcy before either one of you file anything. If he files a Chapter 7 case he will not be able to dismiss the case without court approval and approval may not be given if you have assets that the trustee can take or if it will prejudice a creditor that objects to the dismissal. Be careful.
    Answer Applies to: California
    Replied: 3/11/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No. His bankruptcy will not stop the sale. Someone on title needs to file bankruptcy.
    Answer Applies to: California
    Replied: 3/11/2011
    The Doan Law Firm
    The Doan Law Firm | Shawn Doan
    Technically yes, but no guarantee, consult with an experienced firm such as ourselves for further clarification.
    Answer Applies to: California
    Replied: 3/11/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    No. He is not the person with the mortgage. You must file.
    Answer Applies to: Alabama
    Replied: 3/10/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    No, your spouse cannot stop the foreclosure if not on the loan.
    Answer Applies to: California
    Replied: 3/10/2011
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