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Wife's name on deed not loan can she fill chapter 13 to stop foreclosure?

Forney, TX |

in Texas

Attorney Answers 4


If your wife's name is on the deed, she has a sufficient interest in the property so that filing a Ch13 will stop the foreclosure from going forward. Her plan will need to address the arrearage on the mortgage so that it can be brough current over the life of her plan. Depending on the stage of the foreclosure, you may want to check into alternatives to filing bankruptcy to forestall the foreclosure, but I would certainly get started on preparing the bankruptcy filing and have it ready to go in case the alternatives do not work. In my experience, even if one side of the mortgage company says they will stop the foreclosure because you may be pursuing a modification or some other loss mitigation program, the foreclosure department does not stop and you could lose your house. Find a good attorney in your area and work with them.

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Yes. The attempt to take her property (foreclosure) is stopped by the automatic stay. Her plan needs to address the mortgage and arrearage or the lender will ask for relief from the stay.

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What exactly are you looking to stop? the foreclosure sale? or the foreclosure litigation as a whole? was a judgment entered? There are other ways of delaying or stopping a foreclosure without having to file for bankruptcy. You should explore those options with a competent foreclosure attorney.

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I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.

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