QUESTION
Can bankruptcy stop foreclosure if I am only on the deed?
Asked on Jun 20th, 2012 on Bankruptcy - Florida
More details to this question:
If i am on only the deed of my home and not on the loan can bankruptcy stop foreclosure?
10 ANSWERS
Burton J. Green
No. Only the person on the loan can stop the foreclosure by filing bankruptcy. If you are not on the loan then the debt is not a part of your bankruptcy.
Answered on Jul 03rd, 2012 at 12:00 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you are on the deed bankruptcy can stop a foreclosure. You must own an undivided interest in this property and someone own the rest, but they should not have been allowed to put a lien on your share of the property.
Answered on Jun 30th, 2012 at 12:26 AM
Your bankruptcy will not stop a foreclosure if you are not on the loan.
Answered on Jun 29th, 2012 at 10:11 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you are on title and file bankruptcy there will be an automatic stay. However, the lender will file a motion for relief from stay and get permission to foreclose.
Answered on Jun 29th, 2012 at 6:38 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Probably. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Jun 29th, 2012 at 5:56 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Although you are on the deed, only the debtor can file for bankruptcy protection to stop the foreclosure.
Answered on Jun 29th, 2012 at 4:01 PM
Yes it can.
Answered on Jun 29th, 2012 at 9:56 AM
Bruce Arthur Plesser
You are the victim of predatory lending. You should educate yourself on the causes of action on my website. Nationalmortgagelitigation.com
Answered on Jun 29th, 2012 at 9:12 AM
1 Award
Temporarily, yes. But you must give the lender and the foreclosure trustee notice of the BK as soon as you file.
Answered on Jun 29th, 2012 at 8:51 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, bankruptcy will stop foreclosure even if you are only on the deed. The foreclosure papers must name you as an owner of the property and try to foreclose your interest.
Answered on Jun 28th, 2012 at 8:50 PM