Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Yes, you can file a chapter 13 to save your home because your name is XXXXX XXXXX deed, regardless of the fact that your are not on the Note itself. When you file bankruptcy any and all property you own will become property of the bankruptcy estate and will provide you with bankruptcy protection for that property. Because your name is XXXXX XXXXX deed, the home will become property of the bankruptcy estate and you will receive the same bankruptcy protection as someone who is listed on the deed and the note.
Just be sure to file the bankruptcy case prior to the foreclosure sale and provide the attorneys handling the foreclosure sale with notice of the bankruptcy case filing. This will ensure that the property is not sold at a foreclosure sale.
I hope you found this information helpful.