Legal Question in Real Estate Law in California

can filing Chapter 7 bankruptcy stop the foreclosure of our home even if i am only joint in the title since i am the spouse but not in the house loan?


Asked on 5/06/11, 6:11 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't know the answer without research and review of your documents. I believe it would be necessary to examine the home-purchase and loan documents to see whether the loan beneficiary has rights to your interest in the house. Very possibly, you are a signatory to the deed of trust even if not a borrower on the note. Few lenders will lend with a half-interest in a residence as collateral. Did you receive a copy of the notice of default? If so, your bankruptcy would probably force a short postponement of the foreclosure, while the lender went to bankruptcy court to obtain relief from the automatic stay.

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Answered on 5/07/11, 10:27 am
Terry A. Nelson Nelson & Lawless

Short delay, not stop.

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Answered on 5/09/11, 10:59 am


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