Does filing bankruptcy automatically remove my name from the deed to my home? 24 Answers as of June 11, 2013

After filing bankruptcy, is my name automatically removed from the deed to the house? Also, if the name is not removed am I supposed to do that and how long after the name is removed will I qualify for a new loan?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
No, not automatic.
Answer Applies to: Washington
Replied: 6/11/2013
Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
No.
Answer Applies to: Michigan
Replied: 7/22/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
Filing bankruptcy does not remove your name from the deed to your home. A foreclosure sale, if one happens, does remove your name from title to your home. How long it will take you to qualify for a new loan depends on many factors.
Answer Applies to: California
Replied: 7/19/2011
Tucker Legal Clinic
Tucker Legal Clinic | Samuel Tucker
Your interest in the home will be transferred by the creditor if you choose not to keep the property
Answer Applies to: Mississippi
Replied: 7/18/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Your name remains on the property until after foreclosure when you no longer own the property. You can try to qualify for a new loan at any time after bankruptcy.
Answer Applies to: California
Replied: 7/18/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    No, this is a common misconception. Bankruptcy only releases you liability on the debt; it does nothing to remove your name from, or obligations associated with being on, a deed.
    Answer Applies to: Indiana
    Replied: 7/18/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    The deed to your house controls ownership. Bankruptcy does not - in itself - remove you from title. Bankruptcy addresses the debt and a discharge eliminates the note attached to your mortgage.
    Answer Applies to: Colorado
    Replied: 7/18/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Your name is not removed from the deed by filing bankruptcy. You will continue to own the property until you transfer it by deed to someone else or it is transferred by Trustee's Deed after a foreclosure. Your name remains on the debt (promissory note or i.o.u) to the bank and the bank continues to have a lien (deed of trust in California) on the property for the amount you owe even if you transfer the title by deed to someone else. The bank can foreclose if you don't pay and sell the property and then, in some cases, sue you for the balance owed if the sale amount does not completely pay off what you owed. Bankruptcy can eliminate your liability for that deficiency if the bank does not get enough money at the foreclosure sale. Qualifying for a new loan is based on your credit score and income. Your credit score will not be good for several years because you will have to go through foreclosure or short sale to get rid of the house and/or bankruptcy to get rid of any personal liability remaining. Your question indicates you are confused about the bankruptcy process and what it means to own a house with a mortgage so you need to see a bankruptcy attorney for a consultation to get a better understanding of your situation and options.
    Answer Applies to: California
    Replied: 7/18/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    no
    Answer Applies to: California
    Replied: 7/18/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Filing for bankruptcy does not remove your name from the title on your house.... Unless you let the house go in the bankruptcy, in which case you would no longer be the owner. It is possible to keep your house in the bankruptcy if you can exempt any equity in the property and if you are on good terms with your lender (ie: not behind on payments or if you are, can bring yourself current on the payments). If you are letting the property go in the bankruptcy and not trying to keep it at all, then the bankruptcy will have the effect of discharging the debt, the lenders will foreclose or otherwise take the property back, and you do not need to do anything to make this happen besides completing the bankruptcy petition. Bankruptcy will stay on your credit report for 7-10 years, and that can have an effect on whether or not you will be approved for a new loan. It may take time, but you may be able to get approved sometime down the road. You may also want to look into credit repair which may be able to speed up this process for you.
    Answer Applies to: California
    Replied: 7/16/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    No it does not
    Answer Applies to: Florida
    Replied: 7/16/2011
    Scott Leslie Taylor Attorney at Law
    Scott Leslie Taylor Attorney at Law | Scott Leslie Taylor
    Filing a bankruptcy does not remove your name from the deed. Your name will be removed once new owners purchase the home.
    Answer Applies to: Washington
    Replied: 7/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Your name stays on the house, until either the court sells it or the creditor gets permission to foreclose. In some cases you may even keep the house. It all depends on the individual case. This is one of many reasons it is vital that a lawyer be used in a case.
    Answer Applies to: Georgia
    Replied: 7/16/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    No. Your name is not automatically removed from your home by filing bankruptcy. Filing bankruptcy only discharges debt. Once you file bankruptcy the bank must still go through the foreclosure process to get the home back. Until you allow the home to foreclose or you do a short sale the home is still yours. It will probably take several years before you will qualify for a new home loan. Potentially longer if the home eventually forecloses.
    Answer Applies to: California
    Replied: 7/16/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It does NOT take your name off the deed. You have to wait for the foreclosure to happen, that will take your name off the deed. No one knows when you can buy anther house. The market is crazy.
    Answer Applies to: California
    Replied: 7/16/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    No. The lender will still have to go through a foreclosure to get the title to the property back. Bankruptcy will relieve your liability on the Note, which is the financial instrument that says you owe the money to the bank.
    Answer Applies to: Oregon
    Replied: 7/16/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    No. You can indicate an intent to surrender, and the lender will foreclose. When that happens your name is removed from the deed. After bankruptcy you probably can't buy another house for about 3 years, depending on income and savings.
    Answer Applies to: Virginia
    Replied: 7/16/2011
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