Chapter 13 Bankruptcy with mortgage?

Posted by: admin in chapter 13 banruptcy attorney on September 24th, 2009
chapter 13 bankruptcy attorney
Skyline asked:

I recently had filed bankruptcy chapter 13 and had a 341 meeting few days ago…but I have a mortgage on my name, which is also on two other ppl, 3 owners. my attorney told me that mortgage will not be affected. The house is on the market, and we just got an offer few days ago, when we tried to do all the papers, countrywide refused to talk to other 2 owners, said that house is under bankruptcy!!! but it wasnt included…my case worker said that bank just need a some kind release form, and there will be a trial, but it will take 30-45 days and we might loose the offer. dont know what to do…

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One Response to “Chapter 13 Bankruptcy with mortgage?”

  1. STEVEN F says:
    September 25, 2009 at 1:21 am

    As of yesterday, you would not have been able to get out of the mortgage though bankruptcy without giving up the house. The other two owners would not have been able to get out of the mortgage though YOUR bankruptcy in any case.

    Until the bankruptcy court specifically states otherwise, the bank is legally barred from taking ANY action related to the mortgage. If the offer is enough to pay off the mortgage, you don’t NEED to talk to the bank, just take the offer and give them the check.

    You should be asking your attorney this question. That is part of what your are PAYING them for.

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