Will bankruptcy halt a foreclosure on my home if the note is not in my name?

The home is deeded in my name only but the mortgage is in my deceased ex-husband’s name. The sale date is in 3 days. I’ m just trying to get a couple more months because of surgury and trying to find another home. Also, what if I don’t go through with the bankruptcy, is that illegal?

Asked on January 11, 2015 under Bankruptcy Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) If you had been married, matter might have been different, but you indicate you had been divorced. Therefore, the two of you are not legally connected, the way spouses are. As a result, since a bankruptcy filing only affects a person's own debts, not the debts of another, it is unlikely that you filing bankruptcy when the debt that is being foreclosed upon is an ex-husband's debt, will halt or stay the sale. That said, bankruptcy is a complex subject, and you are advised to consult wth a bankruptcy attorney in detail about the specifcs of your situation.

2) It's not illegal to change your mind about bankruptcy during the process if circumstances change so that it's no longer the right choice; but going into bankurptcy (filing for it) with an intention to not go through but only to try to buy some time could be considered fraud on the bankruptcy court and creditors and could result in some form of punishment or sanctions.

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