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  1. #1
    Join Date
    Feb 2013
    Posts
    4

    Default Will Bankruptcy Result in Your Being Removed from a Mortgage

    My question involves bankruptcy in the state of: Delaware

    First question: I recently moved temporarily to maryland (6 months ago) but prior to that have lived in Delaware for 10 years. My name is still on a mortgage in Delaware and I have a po box there. I believe I am correct in saying that I should file in DE.

    My name is still on my ex-wifes house and mortgage. Am I correct in saying that when I file they will remove my name from the mortgage but she will remain on it?

    My ex-wifes name is still on my Car. I have 6 months left to pay on it. Can I reaffirm it even though it still has her name on it?

    How does the reaffirmation process work? Do i have to negotiate with them or just file paperwork to continue paying?

    Thank you,

    Josh

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will Bankruptcy Result in Your Being Removed from a Mortgage

    Well, not quite. You must list the debt on your bankruptcy. The bankruptcy will stay any potential foreclosure suit (until they get the stay lifted) and once your bankruptcy is DISCHARGED you will be removed from the mortgage (in a Chapter 7).

    Yes, you can reaffirm the car loan, discuss it with your lawyer. Reaffirmation is formal. The lawyer will handle it. The other option is to just keep paying the loan after discharge. Most will not repossess as long as the loan is kept up to date.

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