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  1. #1
    Join Date
    Oct 2015
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    1

    Default Ex Wife Never Filed Quit Claim Deed and is Now Filing for Chapter 7

    My question involves bankruptcy in the state of MN.

    My ex wife and I divorced in 2011. Per the decree the house was awarded to me and I assumed 100% of the payments. I am currently in good standing with the mortgage holder. Recently (last week) my ex filed for bankruptcy and I've discovered that per the decree she was supposed to file a Quit Claim deed to remove herself from the mortgage liability and she never did. As a result, her bankruptcy filing is now showing up with the mortgage company. I've recently submitted paperwork for a mortgage agreement modification and today had to have her attorney send me a letter authorize the mortgage company to even discuss the details of (my) mortgage and the modification with me.

    1. If the decree states that I was awarded the house and I'm in good standing with the mortgage company, do I have any reason to be concerned about losing the house? How does this affect me/the mortgage long term?

    2. Should I continue to make regular payments?

    3. Will her bankruptcy now show up on my credit report and if so is there any way to prevent that or remove it if it's too late?

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

    Default Re: Ex Wife Never Filed Quit Claim Deed and is Now Filing for Chapter 7

    Quote Quoting cerdo19
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    My question involves bankruptcy in the state of MN.

    My ex wife and I divorced in 2011. Per the decree the house was awarded to me and I assumed 100% of the payments. I am currently in good standing with the mortgage holder. Recently (last week) my ex filed for bankruptcy and I've discovered that per the decree she was supposed to file a Quit Claim deed to remove herself from the mortgage liability and she never did. As a result, her bankruptcy filing is now showing up with the mortgage company. I've recently submitted paperwork for a mortgage agreement modification and today had to have her attorney send me a letter authorize the mortgage company to even discuss the details of (my) mortgage and the modification with me.

    1. If the decree states that I was awarded the house and I'm in good standing with the mortgage company, do I have any reason to be concerned about losing the house? How does this affect me/the mortgage long term?

    2. Should I continue to make regular payments?

    3. Will her bankruptcy now show up on my credit report and if so is there any way to prevent that or remove it if it's too late?
    A quit claim deed does not and cannot remove someone from the mortgage. It can only remove that person from the deed. As long as the mortgage payments are paid in a timely matter her bankruptcy should have no impact on you. If somehow it does get linked to your credit report (unlikely) you would ask the credit reporting companies to remove it based on the fact that you did not file bankruptcy.

  3. #3
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Ex Wife Never Filed Quit Claim Deed and is Now Filing for Chapter 7

    The quit claim does not take her off the mortgage.

    There may be a sort of reverse problem, I don't know,,ask your attorney ...but her failure to timely quit claim the property to you means if she retains an ownership interest ..her creditors can attach her interest or at least,get it into bankruptcy pot ..and those claims might come ahead of yours since there was never a quit claim properly recorded..I might be all wrong..but you'll, sleep,better when your attorney answers instead of my guessing .

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex Wife Never Filed Quit Claim Deed and is Now Filing for Chapter 7

    Quote Quoting HRinDEVON
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    The quit claim does not take her off the mortgage.

    There may be a sort of reverse problem, I don't know,,ask your attorney ...but her failure to timely quit claim the property to you means if she retains an ownership interest ..her creditors can attach her interest or at least,get it into bankruptcy pot ..and those claims might come ahead of yours since there was never a quit claim properly recorded..I might be all wrong..but you'll, sleep,better when your attorney answers instead of my guessing .
    Not if the divorce decree awarded the house to the OP.

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