QUESTION

Is filing for chapter 13 help stop the foreclosure since I am not on the note but on the deed?

Asked on Oct 04th, 2012 on Foreclosures - Arizona
More details to this question:
I am facing foreclosure. My husband and I are separated. I live with my two children. Issues with Ocwen pushing home into foreclosure.
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5 ANSWERS

Bankruptcy & Debt Attorney serving Syracuse, NY at Theodore Lyons Araujo
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Since you are on the Deed filing will stop the foreclosure. Even if you are not on the Deed but have an interest in the property, such as an inheritance that has not yet been consummated person died, but title not transferred you could file and stop the foreclosure sale.
Answered on Oct 05th, 2012 at 11:26 PM

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Civil Litigation Attorney serving Federal Way, WA at Stasch Law LLC
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I presume your husband signed the note and you were married at the time. If so, a Chapter 13 might stay a foreclosure. I would advise that you try to modify the mortgage, but you would need the cooperation of your ex-husband. I don't know what stage the foreclosure is at. Watch for the Notice of Pre-Foreclosure options letter and follow the instructions carefully. Ocwen is notorious for not doing their part which essentially impedes foreclosure.
Answered on Oct 05th, 2012 at 11:22 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Yes, filing bankruptcy will stop a foreclosure case unless and until the bankruptcy judge rules on a motion to lift the automatic stay.
Answered on Oct 05th, 2012 at 11:22 PM

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Real Estate Attorney serving Farmington Hills, MI at Rod A. Dunlap & Associates, PLC
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Whether you qualify for or even want to file for Chapter 7 or 13 bankruptcy depends on a number of facts. Also, there may be other options that may be more beneficial to you in your circumstances. There may be other options such as short sale, modification, or deed in lieu of foreclosure, but that depends on the facts and your desires.
Answered on Oct 05th, 2012 at 11:20 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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It should. Please understand that filing for chapter 7 bankruptcy is a very complicated process. But, filing for a chapter 13 is almost impossible to do without a competent chapter 13 attorney. The failure rate in Arizona for those who try to do their own chapter 13 is more than 98%. These are not my statistics, these come from the Arizona Bankruptcy Court. Therefore, it is very wise to talk to an experienced chapter 13 bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Oct 05th, 2012 at 11:15 PM

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