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  1. #1

    Default Ex-Spouse Has Defaulted on the Mortgage After Divorce and Has Filed Bankruptcy

    I was recently divorced and did not have legal representation. As a result, my ex-husband was awarded the house. However, he was not ordered to refinance the house loan, and both of our names are on the mortgage, although only his name is on the deed. He defaulted on the loan. Then he joined the military and is now protected from foreclosure under the civil service members act. I hired a lawyer over a year ago and ex husband agreed to short sell the house. The short sale was denied by the bank because he has decided to declare bankruptcy.

    I'm still on the loan. I'm not on the title. He is declaring bankruptcy. Will this get me off the loan? What on earth should I do.

  2. #2
    Join Date
    Apr 2009
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    Default Re: Ex Husband in Military. He is Declaring Bankruptcy and We Have a Joint Mortgage

    Unfortunately that doesn't make things easier on you.

    Bankruptcy will remove his responsibility, but that leaves you wide open to legal action.

    Yours is one of those cases where we wish you would have posted earlier

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: Ex Husband Now in Military. He's Declaring Bankruptcy and We Have Joint Mortgage

    Quote Quoting Yourfriendmere
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    I was recently divorced and did not have legal representation. As a result, my ex-husband was awarded the house. However, he was not ordered to refinance the house loan, and both of our names are on the mortgage, although only his name is on the deed. He defaulted on the loan. Then he joined the military and is now protected from foreclosure under the civil service members act. I hired a lawyer over a year ago and ex husband agreed to short sell the house. The short sale was denied by the bank because he has decided to declare bankruptcy.

    I'm still on the loan. I'm not on the title. He is declaring bankruptcy. Will this get me off the loan? What on earth should I do.
    Sadly for you, no. Its going to trash your credit (actually it probably already has trashed your credit) and make you solely responsible for the loan. If you have the money to bring the loan current you might be able to take it back to court so that the house is given to you and then you can either try to sell it or live in it, but otherwise, its going to eventually go back to the bank and then they will go after you for any shortfall.

  4. #4
    Join Date
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    Massachusetts
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    24,521

    Default Re: Divorced. Joint Mortgage. Ex Husband Declaring Bankruptcy

    Okay, enough.

    There is absolutely no need to keep posting the same question over and over. All the responders read all the relevant topics; you will not get more or better answers by spamming the boards.

    When someone who has an answer for you logs on, they will reply. Until then, you do not need to post the question any more.

  5. #5
    Join Date
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    Default Re: Ex Husband Now in Military. He's Declaring Bankruptcy and We Have Joint Mortgage

    Even if your ex- gets his obligation for the mortgage discharged, the property settlement from the divorce should survive bankruptcy such that you can attempt to enforce the financial portion of the judgment. It's unclear at this point if he's going to waive his rights under the SCRA and allow a bankruptcy to proceed, or whether the house will presently remain in default. You can talk to your lawyer about possible relief you might request from the divorce court.

  6. #6

    Default Re: Divorced. Joint Mortgage. Ex Husband Declaring Bankruptcy

    Quote Quoting cbg
    View Post
    Okay, enough.

    There is absolutely no need to keep posting the same question over and over. All the responders read all the relevant topics; you will not get more or better answers by spamming the boards.

    When someone who has an answer for you logs on, they will reply. Until then, you do not need to post the question any more.
    Thanks. It's different. I can't foreclose he's in the military and protected from foreclosure under the civil service member act. Not to mention I'm no longer on the title.

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
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    Even if your ex- gets his obligation for the mortgage discharged, the property settlement from the divorce should survive bankruptcy such that you can attempt to enforce the financial portion of the judgment. It's unclear at this point if he's going to waive his rights under the SCRA and allow a bankruptcy to proceed, or whether the house will presently remain in default. You can talk to your lawyer about possible relief you might request from the divorce court.
    I believe he is including the house in his bAnkruptcy. So he can pick and choose what SCMA can protect him from? He can choose bankruptcy but stay protected from foreclosure and a civil suite I want to file against him for all the damages and attorney fees

  7. #7
    Join Date
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    Default Re: Divorced. Joint Mortgage. Ex Husband Declaring Bankruptcy

    In a nutshell, yes. He's allowed to invoke for one matter, and not invoke for something else. Plus, the bankruptcy is initiated by him - not a third party.

    But the SCRA must be invoked - it's not automatic.

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