Question
Can I delay a foreclosure if I am filing for bankruptcy and my name is not on the title?
I am filing for bankruptcy and I share a house with my ex husband. His name is still on the house, but he lets me live there. I am planning to file for bankruptcy as the house is going into foreclosure. If I file, will this delay the foreclosure process?LawQA.com Answer Library
Answered By: AZ Law Group of Trezza & Associates
No. Not unless you are a co-debtor and you file a chapter 13.
Answer Applies to: Arizona
Replied: 10/15/2011
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Answer Applies to: Arizona
Replied: 10/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Eric J. Benzer, Attorney at Law
Perhaps. Hire an attorney.
Answer Applies to: Maryland
Replied: 10/13/2011
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Answer Applies to: Maryland
Replied: 10/13/2011
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
The bankruptcy automatic stay only applies to debts for which you are personally responsible.
Answer Applies to: Indiana
Replied: 10/13/2011
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Answer Applies to: Indiana
Replied: 10/13/2011
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Answered By: Heupel Law
Yes, filing bankruptcy can delay the foreclosure for 60 days.
Answer Applies to: Colorado
Replied: 10/13/2011
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Answer Applies to: Colorado
Replied: 10/13/2011
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Answered By: Guardian Law Group PLLC
Only if your name is on the mortgage, you must be the debtor.
Answer Applies to: Utah
Replied: 10/12/2011
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Answer Applies to: Utah
Replied: 10/12/2011
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Answered By: Harkess and Salter, LLC
The question is whether your name is on the mortgage note. If not, bankruptcy will not affect the foreclosure.
Answer Applies to: Colorado
Replied: 10/12/2011
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Answer Applies to: Colorado
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law Center
Bankruptcy in Colorado requires that you file the bankruptcy before the sale date in order to delay the foreclosure sale. If you file your bankruptcy before the date of last publication of the foreclosure sale you will get a longer delay.
Answer Applies to: Colorado
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Lehn Law, PA
You mentioned that his name is on the house. If your name is not on the house, your filing of bankruptcy will not delay the foreclosure process.
Answer Applies to: Florida
Replied: 10/12/2011
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Answer Applies to: Florida
Replied: 10/12/2011
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Answered By: Joseph Lehn, Esq
You mention his name is on the house. If your name is not on the house, your filing of bankruptcy will not delay the foreclosure process.
Answer Applies to: Florida
Replied: 10/12/2011
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Answer Applies to: Florida
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Darren Aronow, PC
If you include the house in your bankruptcy and give notice to the lender then it will slow there foreclosure process. However, they are likely to file a motion for relief from stay to continue the foreclosure proceeding in state court. It should get you an additional 60 days at least, if not more.
Answer Applies to: New York
Replied: 10/12/2011
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Answer Applies to: New York
Replied: 10/12/2011
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Answered By: Law Office of Lynnmarie A. Johnson
No, your bankruptcy would not delay the foreclosure on his house. The automatic stay that comes into play when you file only applies to things that you are a debtor on.
Answer Applies to: Michigan
Replied: 10/12/2011
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Answer Applies to: Michigan
Replied: 10/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Joseph A. Mannis
The automatic stay will only apply to property that is property of the estate, that is, the bankruptcy estate. The bankruptcy estate consists of all of your property. If you are not on the title any longer, hard to maintain that this is your property and therefore property of the bankruptcy estate. And if its not, no automatic stay with regard to the foreclosure process. Sorry to be the bearer of bad news, but I don't think you're going to buy time with respect to his foreclosure on his property.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
Filing bankruptcy will not stop a foreclosure on a house of which you are neither on title nor on the loan. Mere tenancy is not enough.
Answer Applies to: California
Replied: 10/11/2011
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Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Carballo Law Offices
No because you have no interest in the house. However, if there is a divorce decree awarding you the house totally or partially (even if the title remains with your ex-husband) then you could stop the sale since that would mean that you do have an interest in the house. You would need to inform the foreclosure trustee of your interest in the property and submit a copy of the judgment of dissolution stating that the house was awarded to your totally or at least partially.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Xochitl Anita Quezada
You can delay it if your name is on the mortgage. You can only stay proceedings for your own creditors.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Robert P. Taylor
If your name is on the loan to the house, it will probably stall the foreclosure. The lender probably doesn't know you're not on the deed and, even so, their right hand probably doesn't know what their left is doing.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dan Shay Law
You need to be on the loan to stop the sale normally. Or, you could help your ex-husband in a Ch 13 BK if you want.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
No. You don't have an ownership interest.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Charles Schneider, P.C.
If your name is not on the mortgage loan nor on title to the home the filing of a bankruptcy does not stop the foreclosure.
Answer Applies to: Michigan
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Michigan
Replied: 10/11/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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