Quote Quoting kramer228girls
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He is being sued. . . and is considering bankruptcy. I am pretty sure he will include this debt if he does, to relieve him from all debts. How will this affect me? Will they take the home?
1. "Pretty sure" is not an issue. Your ex MUST list every debt he owes and this would include the mortgage company.

2. Your home IS NOT at risk so long as the mortgage payments are current. His lender could care less about the bk if it is getting its money. It does not care where the $$ comes from. It only cares that it is getting paid.

Your concerns are misplaced. The bigger issue is whether or not you will be able to refinance: 1) Is there sufficient value in the property to persuade a new lender to payoff the existing loan? 2) Even if there is sufficient value in the property, will you qualify for a new loan?

Regardless, I tend to doubt your ex is going to hold you to the term in the divorce decree that requires a refinance. Why should he care at this point since he will be discharging any liability in his bk? If you have a tough time with the refi and are in “friendly” contact with him, you might want to find out if he cares. If he doesn’t you might want to get the divorce decree modified to read that you will refinance if you are able to and if you are not able to your ex has no problems with the current obligation since his liability was discharged. Just a thought. . .

Des.