QUESTION
Can I stop foreclosure by filing bankruptcy through chapter 13?
Asked on May 25th, 2017 on Bankruptcy - Nevada
More details to this question:
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?
3 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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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.
Answered on Aug 15th, 2017 at 7:25 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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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.
Answered on Aug 15th, 2017 at 7:24 AM
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.
Answered on Aug 14th, 2017 at 12:44 PM