Does he still has a home after Chapter7?

[annayu515]

Case Details
My husband filed Chapter 7 and was discharged. The house is include in Chapter 7. In the county public record he still has a mortgage deed. The officer in the county said he still has a home since the public record shows. I don't understand. How can we prove that he is not a home owner anymore?? Help!

[MSbklawyer]

Your question is not clear, at least to me. He IS still the homeowner. The bankruptcy merely discharges his personal liability for the mortgage. The property itself, however, is still liable for the mortgage. If Husband doesn't pay it, the lender will make the property pay it by foreclosing your husband's interest and selling the property to pay the debt.

See how that works? He's still the homeowner until he either sells the home or the lender forecloses his interest and takes it away from him.

[free2breathe]

He is still the owner of the home until the bank forecloses on it or someone else buys it and the deed is transferred to the new owners. He doesn't have to pay anything, because the debt was discharged in the bankruptcy, but that doesn't take his name off the deed.

[annayu515]

Thanks for all responses.
The mortgage company has alreadly filed for foreclosure last year. and the hearing date is set in Feb. 2011. If he still own the property now, when will his name be removed from the deed?

[DebtEnder]

When someone buys the house. In most cases it will be the bank itself buying the house at the auction, which occurs some time after the hearing.