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  1. #1
    Join Date
    Jun 2014
    Posts
    1

    Default Motion for Relief, Ex-Husband's Current Bankruptcy

    My question involves bankruptcy in the state of: New York

    My ex-husband and I purchased a home together and then were divorced. He signed a quit claim deed and I have never had his name removed from the mortgage because I couldn't get a loan on my own. I have generally been able to keep up with the payments, some late here and there but never anything serious. He recently filed for bankruptcy and is not reaffirming the mortgage. I spoke to the mortgage company and they told me that as long as I continue to make payments I will be able to remain in the home and they can't foreclose. Today I called to make a payment. I couldn't pay online because I owed both May and June so it was over 30 days late and today only had enough money to make the May payment. The person I spoke with told me that on June 9th the mortgage company filed a motion for relief and they were pursuing foreclosure since the loan was more than 30 days late. I paid the May payment and they accepted it. I asked around and was told to ask if they were going to serve me and what the index number was. I was told by the mortgage company there is no index number and they do not yet have a court date. My loan is now less than 30 days late. Here are my three questions:

    1) In this particular scenario, can I be foreclosed on if the loan is less than 30 days late?
    2) If I am able to gather the funds to make the June payment, can the foreclosure continue if I am then up to date or less than 30 days late? (I won't be able to pay July for sure for at least another 2 weeks.
    3) Will my ex-husband's bankruptcy show up on my credit report since he included the mortgage (he wants to be clear of it) even if I am still paying on the loan and I personally did not file bankruptcy or know anything about it before he did?

    My friend seemed to think that they cannot foreclose with it is less than 30 days late regardless of the circumstances. I'm just worried that it will go beyond the point of my having any chance to fix the situation because I have about $30,000 in equity in the house currently that I don't want to lose.

    Thank you!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Motion for Relief, Ex-Husband's Current Bankruptcy

    Quote Quoting wavygravy
    View Post
    My question involves bankruptcy in the state of: New York

    My ex-husband and I purchased a home together and then were divorced. He signed a quit claim deed and I have never had his name removed from the mortgage because I couldn't get a loan on my own. I have generally been able to keep up with the payments, some late here and there but never anything serious. He recently filed for bankruptcy and is not reaffirming the mortgage. I spoke to the mortgage company and they told me that as long as I continue to make payments I will be able to remain in the home and they can't foreclose. Today I called to make a payment. I couldn't pay online because I owed both May and June so it was over 30 days late and today only had enough money to make the May payment. The person I spoke with told me that on June 9th the mortgage company filed a motion for relief and they were pursuing foreclosure since the loan was more than 30 days late. I paid the May payment and they accepted it. I asked around and was told to ask if they were going to serve me and what the index number was. I was told by the mortgage company there is no index number and they do not yet have a court date. My loan is now less than 30 days late. Here are my three questions:

    1) In this particular scenario, can I be foreclosed on if the loan is less than 30 days late?
    2) If I am able to gather the funds to make the June payment, can the foreclosure continue if I am then up to date or less than 30 days late? (I won't be able to pay July for sure for at least another 2 weeks.
    3) Will my ex-husband's bankruptcy show up on my credit report since he included the mortgage (he wants to be clear of it) even if I am still paying on the loan and I personally did not file bankruptcy or know anything about it before he did?

    My friend seemed to think that they cannot foreclose with it is less than 30 days late regardless of the circumstances. I'm just worried that it will go beyond the point of my having any chance to fix the situation because I have about $30,000 in equity in the house currently that I don't want to lose.

    Thank you!
    You need to bring the payments current and KEEP them current. That is the only way that you are going to save the house.

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