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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Ex Got House, I'm Still on Mortgage and Filing Bankruptcy

    My question involves bankruptcy in the state of: TX and CT

    I'm in TX, ex-wife and house are in CT. I'm still on mtg but 2005 div decree requires ex to pay mtg and indemnify me for any payments I have to make. The mtg is current, no plans for a default. I quitclaimed my interest in house to spouse over a year ago to facilitate a refinance that never happened. I believe the mtgee consented to this transfer. I will be filing chap 7 in TX shortly. I assume that the insolvency of one of the borrowers on the mtg is an event of default under the mtg, but as long as my ex is current on the mtg, is it likely the lender will take any action against her? I don't want to cause trouble for her at all. I believe, but am not sure, that the mtg is now unsecured debt as to me since I have no interest in the house, and plan to have my obligation discharged.

    THanks for any help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex Got House, I'm Still on Mortgage and Filing Bankruptcy

    I expect that the lender will make its decision based upon the value of the property and amount of equity, and your ex-wife's ability to afford the loan on her own. If she qualifies to refinance, the safest thing for her to do would be to do exactly that.

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