Legal Question in Bankruptcy in California

If my name is on the Deed of Trust of my home that has become foreclosed by the lender in August, 2010, can I include this debt in my Chapter 13 Bankruptcy case, even though the loan borrower is my ex-spouse (not me)? I'm on title, but not on loan.


Asked on 8/26/10, 12:49 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Usually people file Chapter 13 before they get foreclosed on, and that stops the foreclosure. If you do get foreclosed on in California, normally there's no deficiency judgment and no debt to resolve.

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Answered on 8/31/10, 12:58 pm
Brian Whitaker Lifeline Legal, LLP

How can your name be on the deed of trust but not on the loan?

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Answered on 8/31/10, 1:36 pm


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