I am on both the mortgage and the note. I filed chapter 7 last spring but we could not for him because of a probate case. Curious if the auto stay will go into effect again -- being that he is only on the mortgage but not on the note. We are deemed "tenants in common". Just curious.
Chapter 7 Bankruptcy Attorney
I think you were accidentally inaccurate when you stated above that. "I am on the mortgage and the note." If you filed a Chapter 7 Bankruptcy last Spring, then you are NOT on the note or the mortgage anymore. Those obligations were "discharged" in the Chapter 7 Bankruptcy as to you, personally.
Interestingly, your name remains on the deed at the County Recorder and will remain so for some time. You can check me out. I'm right. Your name will remain on the deed, until the bank accepts a deed from you or the bank completes a foreclosure against the property that changes the formal title out of your name.
When your spouse files a Chapter 7 Bankruptcy, he will find that his name remains on the deed, just as your name does. I know this is complicated, but that's what attorneys are for. Good luck.
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Consumer Protection Attorney
Yes, the stay should go into effect again. If I own a property that has a mortgage on it, then that mortgage cannot be enforced against my property, even if I didn't sign the mortgage. The reason is that the property itself is protected by the bankruptcy. Note that the bank may still be able to go after the property if it moved for and obtained relief from the stay in your case. Then they may be able to have the court grant them relief again in this case.
You should ask your husband's bankruptcy lawyer these things.
This answer does not create an attorney-client relationship or imply that I am licensed to practice in your jurisdiction. It is merely for informational purposes. You should contact a local attorney for legal advice.