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Kansas Foreclosure Questions & Answers
1 Answer | Asked in Bankruptcy and Foreclosure for Kansas on
Q: If my husband filed bankruptcy and it was dismissed without prejudice and we file jointly now, will the automatic stay

Only apply to me? Will I get the full stay? Or if it doesn't can I file alone and get it?

David Luther Woodward
David Luther Woodward
answered on Jan 8, 2023

Your bankruptcy lawyer can answer that more accurately than someone on a Q&A site like this. The re-filer needs to ask to have the stay reimposed, but the new filer doesn't. How the court handles it will to a large extent depend on the district you are in and who is your judge.


2 Answers | Asked in Bankruptcy and Foreclosure for Kansas on
Q: Can I file bankruptcy to stop a foreclosure if I am the spouse. The judgement from the bank is in both our names.

The mortgage is only in my husband s name

W. J. Winterstein Jr.
W. J. Winterstein Jr.
answered on Jan 6, 2023

If you are named on the deed, you have a legal interest in the home that the bankruptcy stay will protect.

Even if you are not named on the deed, the fact that you live in the house (assuming you do), then you have at least a possessory interest in the home that is also protected by the...
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1 Answer | Asked in Foreclosure and Real Estate Law for Kansas on
Q: home was foreclosed on and sold for more than the final balance, are we owed the excess money?

Is a very long situation and a lot of detail , I want to know if I have an option here or not to pursue it.

Doug Coe
Doug Coe
answered on Oct 5, 2020

I would highly encourage you to talk to a lawyer. Depending on the unique facts of the case, you may be able to recover some amount of money. These are very fact specific cases, so an attorney would be a great resources.

1 Answer | Asked in Foreclosure for Kansas on
Q: Can I sell my house after it went through a foreclosure auction?
Scott C. Stockwell
Scott C. Stockwell
answered on Apr 28, 2018

After a foreclosure auction of a personal residence occurs, the prior owner has a certain period of time to "redeem" the house. The right of redemption typically is three months long, unless more than one-third of the indebtedness had been previously paid, in which event the period of... Read more »

1 Answer | Asked in Estate Planning and Foreclosure for Kansas on
Q: Does my brother have to surrender the house he has lived in for the last 8 years taking care of his mother in home

he has been the sole caretaker and this has been his home. If he must surrender this, he will be homeless. His name was placed on the deed 20 years ago

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 7, 2018

Your brother should consult with an attorney regarding the Medicaid eligibility issues that may relate to the situation. A home of a Medicaid recipient may be transferred to an adult child who has lived with the Medicaid applicant for the two years prior to going into the nursing home and the... Read more »

1 Answer | Asked in Foreclosure for Kansas on
Q: Should I get an attorney to help me with my modification beings I'm forced to deal with Bayview Loan services

This is my second modification with them and it's almost been a year since it started the first one I completed paid payments on time but neglected to get the paperwork the final paperwork back to them and they're 14 days so they made me start all over again and they're still dragging their feet

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 2, 2018

To be succinct, yes.

1 Answer | Asked in Elder Law and Foreclosure for Kansas on
Q: How do I get standing to file Motion to Dismiss on my elderly mothers foreclosure onhome? I reside with her as caregiver

I already filed a motion to dismiss, pro se, as I was included in the foreclosure since I reside with her. I just got court papers of banks motion to dismiss due to lack of standing. Is there anything I can do to get standing? Also, they say I failed to state a claim upon which relief can be... Read more »

Adam Studnicki
Adam Studnicki
answered on Jan 15, 2016

Maybe there are some low income or pro bono law assistance groups in your area.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It...
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