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I filed a chapter 13. My husband is not on the bankruptcy. Can he refinance our house

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    I filed a chapter 13. My husband is not on the bankruptcy. Can he refinance our house

    I have filed a chapter 13 to save our house. My husband is on the house note but both of us are on the deed. My husband did not file a bankruptcy. Can he refinance our home with out going thru the courts?

    #2
    Originally posted by recline1956 View Post
    I have filed a chapter 13 to save our house. My husband is on the house note but both of us are on the deed. My husband did not file a bankruptcy. Can he refinance our home with out going thru the courts?
    A few questions first....what state did you file Ch 13 in? When did you file? Is your Ch 13 confirmed yet?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      I filed in the middle district Flroida this past week and it has not been confirmed. I have not even gone to the first hearing yet

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        #4
        Originally posted by recline1956 View Post
        I have filed a chapter 13 to save our house. My husband is on the house note but both of us are on the deed. My husband did not file a bankruptcy. Can he refinance our home with out going thru the courts?
        You are more then likely going to have to get court approval, since the house is in both of your names and you are married. Title companies do not like to touch properties that are in Bankruptcy because of the legal issues. If you are filing BK to save the house you ma have to wait until there has been some ontime payments on the home for at least 12 months before a lender will touch it. Any lender that is trying to refinance the home will want a copy of the pay history for the home for at least the past 12 months, even if it does not show up on his credit.
        Nick Kusan

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