Phoenix, AZ asked in Foreclosure for North Carolina

Q: My mother in law died. We co-owned a house. She defaulted. Her bank tried to foreclose on her. Can we do anything?

We owned a house together in NC. We filed for bankruptcy and the bank tried to foreclose on our portion. The foreclosure never went through. Our bank gave up. My mother in law then became ill and defaulted on her part. Her bank was trying to foreclose on her portion of house. How can they when she only owned a small% of it, per the deed? Is it not a clouded title?

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1 Lawyer Answer
  • Consumer Law Lawyer
  • Cary, NC
  • Licenced in North Carolina

A: OK - let me get this straight - you and mother-in-law jointly owned a house - how - as tenants in common or as joint tenants with right of survivorship?

Foreclosure would make sense only if the property was mortgaged - who was liable on the mortgage? You or your mother-in-law or both?

If you filed for protection under the bankruptcy code, bankruptcy acts like a shield around you. It is improper to foreclose while you are in bankruptcy. If the foreclosure was started before you filed, then it would be halted by the bankrutpcy. It could resume or take place after the bankruptcy. The only possible exception to this would be if you filed and intended to discharge your liability for the mortgage in bankruptcy and nobody was paying the mortgage. In that case, the bank...

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