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Ask cfortunato Your Own Question
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I just caught the second half of your answer. The first bank

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I just caught the second half of your answer. The first bank claim will be difficult for them to foreclose considering that my spouse never signed the note, guaranty or the mortgage. Basically their claim is tied to a defective mortgage and will be challenged because the ownership s under joint teancy by the entireties.
The 2nd bank claim is subordinate to my principal home mortgage. It is a home equity loan that I never missed a payment. Does this additonal information change your legal opinion?

cfortunato :

I had meant that your Bankruptcy - alone - can no longer prevent any lender from foreclosing - because the automatic stay is no longer in affect.

However, if there are other factors - besides the automatic stay - that would prevent the lenders foreclosing, then they cannot foreclose.

cfortunato :

Given the information you just provided, those lenders cannot foreclose.


Thank you.

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You're welcome!