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mobile home and chapter 7

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Icon Mini Profile banks904





Joined: 15 Sep 2009

Posts: 1

1.34 Dollars($)
Post Posted: Tue Sep 15, 2009 5:16 am    Post subject: mobile home and chapter 7
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My husband and I are legally separated. He lives in a mobile home/land that is still in both our names with $8,000 equity. He is now living the there and Vanderbilt is refusing to refi the loan and remove my name. I am living in my own house with a loan that has only my name on it and the equity in it is exempted. I have $60,000 unsecured debt just in my name. If I file Chapter 7 bankruptcy, will the court force sale of the property of the mobile home/land that my soon to be ex is living in?
Icon Mini Profile sunnyca2009





Joined: 04 Aug 2009

Posts: 1731

35.55 Dollars($)
Post Posted: Sun Sep 20, 2009 9:30 pm    Post subject:
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There are optiosn for you to excluse the thigns from bankruptcy

Check this out

http://www.mortgagefit.com/bankruptcy/chapter7.html
Icon Mini Profile jenkin7
jenkin7




Joined: 04 Jun 2007

Posts: 4537
Location: Hawaii
728.43 Dollars($)
Post Posted: Mon Sep 21, 2009 2:00 am    Post subject:
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Hi banks,

It is up to the bankruptcy judge to decide which of your properties should be sold to pay off the debts. However, I don't think the court will force sell the mobile home to pay off your creditors. The reason for this is, you are not the sole owner of the home. It is co-owned by your husband. You both have an equal right to the property.

If your husband is not refinancing the loan, you can force him to refinance, provided the court ordered him to refinance the loan in his name while you got legally separated.
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