Posted by: admin in how to file chapter 13 on December 20th, 2009
sfh1911 asked:
Will mobile home fall under bankruptcy, being he is legal co-signer? Will home be paid off under bankruptcy? Who will title/deed be given to on mobile home?
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Your friend will be drawn into it. It won’t just be paid off under chapter 13. In fact, your friend should have refinanced under their name so that something like this wouldn’t happen. Too late now so it is best they get a lawyer to represent them so they don’t lose their home.
Usually bankruptcy does not include the primary residence of the person filing but it is best to speak to an attorney as I am not certain if the laws are state or federal.
I make the following assumptions: the Ex is not only on the loan, but also on the deed, and the Ex is not living in the mobile home. That sounds like it’s not his primary residence. It also sounds like only half the mobile home should be subject to seizure (I don’t know if Ga is community property like California). I agree with the above posters, time to get the counsel of a lawyer.