Legal Question in Bankruptcy in Texas

can you file bankruptcy against a mortgage and not loose the home

The home has a balance on the mortgage of $11,500. but the owner has no income - laid off work for two years and can't get a job. no other debts.


Asked on 8/11/10, 1:21 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Assuming the mortgage company's paperwork is in order, Generally no. If you file, the mortgage company has a secured interest in the house. It has the right to sell the house to pay the balance of the loan. If you file bankruptcy, the mortgage company will apply to the court for permission to foreclose its loan which the court is likely to grant.

You really need to contact a bankruptcy attorney to review the mortgage company's paperwork and to assist you with your options.

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Answered on 8/16/10, 2:02 pm


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