chapter 7 Mortage in deceased husband name ?

[rrj]

My sister is getting ready to file, we just pulled her credit reports

they refinanced there home about 5 years ago, my sister credit was not good then so they only put my brother in law name on the loan
my brother - law passed away about 2 years ago

when my sister files bankruptcy. she cant list the mortage on her chapter 7 because it not in her name, but she does have to list the house has property right ?

right now she is about 8 months behind, filing bankruptcy is not going to stall any type of foreclosure right ?


she was hoping to get caught up, her mortgage is very small amount less then 400.00 she got cought up the pay day advances and got behind when it took her over 1 year to get her disablity started
they denied her even though she is supposed to be on oxgen 24 hrs a day and she had stents put in her heart, she had to appeal it before she got it started
she owes about what the house is worth - or + a couple of thousand dollars

I didn't know until today the mortgage is not in her name, and she is not sure if the deed is in her name or not she will have to check on that. the first mortgage was in both of there names until they refinanced it so I assume she is on the deed

[lrprn]

The key here is whether your sister's name is on the deed. She needs to find that out immediately. She also needs to find out what the lender did about the loan after her husband passed away (so sorry for your family's loss).

Does she want to keep the house after she files? Has she been making the house payments for the last two years?

[rrj]

The key here is whether your sister's name is on the deed. She needs to find that out immediately. She also needs to find out what the lender did about the loan after her husband passed away (so sorry for your family's loss).

Does she want to keep the house after she files? Has she been making the house payments for the last two years?

she has been making the payments but she is behind now but, now that she is not paying the other loans and stuff she is going to try and get caught up on the mortgage

the deed and property taxes are in her name, i just looked it up online
the mortage is not in her name at all

i asked her what they said when she told them he passed away
and she said all they said was that they were sorry for her loss, and they have did nothing since then. she is about 8 months behind right now

[rrj]

The key here is whether your sister's name is on the deed. She needs to find that out immediately. She also needs to find out what the lender did about the loan after her husband passed away (so sorry for your family's loss).

Does she want to keep the house after she files? Has she been making the house payments for the last two years?

thank you
he was fighter he fought and won cancer 5 times,
the 6th time he was just too weak to fight, He did not suffer long, he knew it was time to go home

they were married 33 years. i dont think my sister reliazed what mess she was intil this year, the check was cut in half and her youngest son just turned 18 so she lost that money. there was just not enough funds coming to pay out the mess she has made for her self

she would love to keep the house for memories, but the house needs lots of work and we all think she should just walk away

[rrj]

she had her first appt last week, she didn't tell him the mortgage was not in her name.

we live in TN so i don't know if there is some law, when the spouse dies. the living spouse becomes financially responsible for the loan ?

I don't think she can file bankruptcy on the mortgage that is not in her name
she is about 7 or 8 months behind right now

when she goes back to the lawyer tom for her second appt
she is going to tell him and see if it changes anything. she said she didn't even think about the mortgage not being in her name on the first visit

she is on the property taxes and deed

from my research from last night and today
my sister is judgment proof (except for her students loans)
there is no equity in the house probley upside about 1000.00
my opinion she needs to wait to file until she gets the mortgage caught up
she needs to put all the extra money she has to the mortage
we will see what the lawyer says tom

[whipster1]

IF the house is in bad shape she should just walk. She can file and include anyone who she thinks may have a claim against her.

[rrj]

IF the house is in bad shape she should just walk. She can file and include anyone who she thinks may have a claim against her.

she should just walk, but she is stubborn, lots of memories

[rrj]

the lawyer said pretty much the same as me

she is judgment proof, there is nothing anybody can get out of her.

she is going to wait, her daughter is going to start the paperwork to get her garnishment stopped, she is 100 percent disabled. going try and get her house back on track with the payments.

she just a lit depressed becouse she feels she letting her friends down at the payday advance places and installments loan places.


she will probably file the next couple of years