My wife's name is XXXXX XXXXX the 1st and 2nd mortgage. This is for a primary residence. I am on the deed of trust.
Thank you for the additional information! I just researched the issue for you and apparently the law changed in 2011. See, Alvarez v. HSBC Bank USA, N.A, B.R. , 2011 WL(NNN) NNN-NNNN(D. Md. Dec. 28, 2011). More case law in Maryland followed in 2012 supporting this position in the bankruptcy courts. Here is the link: http://www.msba.org/sec_comm/sections/consumerbankruptcy/docs/2012AMMaterials/D26.pdf
According to the above cases, in order for the 2nd lien to be stripped off the house, if both people are on the deed, both are required to file bankruptcy to strip the lien. Even if the mortgages are in only her name. Therefore, if you wish to use bankruptcy to stop the foreclosure, you will be both need to file as soon as possible. You should contact a bankruptcy attorney in your area for a consultation to begin the process as soon as possible.
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