If I filed bankruptcy 2 years ago and included my half of a townhome which is now in foreclosure proceedings, what are my rights in regards to the home?

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If I filed bankruptcy 2 years ago and included my half of a townhome which is now in foreclosure proceedings, what are my rights in regards to the home?

I filed a Chapter 7. My name is still on the deed to the home, as my ex has refused to quit deed my name from the property. The home is also standing abandoned. Do I have the right to enter/live in the home until the foreclosure proceedings are finalized?

Asked on June 10, 2012 under Bankruptcy Law, Maryland

Answers:

Rebecca Coleman

Answered 9 years ago | Contributor

As long as you are a legal owner of the property, you have the right to enter the property and use it. However, if it has been standing abandoned, the bank may have exercised it's right to "secure" the property. This would mean that the bank hired someone to go out and lock up the property to keep out tresspassers. In that case, you would probably need to get a court order to get back into the property. But if the house has not been locked up by the bank, you can enter the property and use it until the foreclosure goes through.


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