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  1. #1
    Join Date
    Mar 2013
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    18,340

    Default Re: What Happens if Your Ex- is Still on the Mortgage and Files Bankrupty

    My question involves bankruptcy in the state of: Texas (Ex lives) I live in North Caroline . I'm divorced and living in house settled in divorce with Quick Claims Deed in my name. I'm not on the mortgage (only note) and Ex-husband is threatening mortgage company will foreclose if I do not get mortgage in my name because he filed for bankruptcy. Mortgage co., or Ex won't tell me which Chapter is filled.
    You can find out all you need to know about your ex's BK at PACER, the federal court's case search feature. You'll have to register and provide a credit card and there would be a charge after a certain amount of copies. There are instructions on the site. It's easy to use.

    https://www.pacer.gov/

    I am currently applying for Assumption of the loam through mortgage co. They said I could possibly lose house according to how Ex filled bankruptcy unless I get house in my name before bankruptcy is final. They said I would not even get notice till mortgage co. foreclosed since I am limited to only payment disclosures.

    Divorce surprised me and I've not made enough $ on my own to refinance (by bank standers) but making payments. I want to keep my home! What are my rights? Can they take my home even though I proved I have made payments the last 4 yrs myself? Thanks for any help with this injustice!
    Unfortunately, mortgage loan contracts often have a provision that says a bankruptcy is an event of default that allows for calling in the loan and foreclosure if the entire balance is not paid.

    Sometimes, after a bankruptcy, a mortgage company will be content to get payments even if the loan is discharged.

    No way to predict what will happen to you but, yes, it is possible that you can lose the house. Divorce sucks and people often get screwed out of houses as a result.

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: What Happens if Your Ex- is Still on the Mortgage and Files Bankrupty

    I think you are panicking over nothing. In the 30 years I have been in this business I have never seen a mortgage lender foreclose in a situation as yours unless payments were in default. The lender does not want the property. What it wants is the monthly payment.

    Des.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Happens if Your Ex- is Still on the Mortgage and Files Bankrupty

    Yes, not in these days of minimal interest rates, back in the spiralling rate hikes of the 70's, they were really more involved in tracking off-the-books assumptions. The problem is to make sure you have the information to make sure the payments get made. My previous post was based on the payments not being made.

    I'm still confused as to why refi is difficult. If your divorce says you need to refi it, you may be in contempt of that order (though this is often not enforced). Your ex was a fool to deed the property over without also getting rid of the mortage. If she indeed is using a chapter 7 mortgage, it's not care why she cares at this point. The loan is going to be discharged from her responsibility.

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

    Default Re: What Happens if Your Ex- is Still on the Mortgage and Files Bankrupty

    Quote Quoting flyingron
    View Post
    Yes, not in these days of minimal interest rates, back in the spiralling rate hikes of the 70's, they were really more involved in tracking off-the-books assumptions. The problem is to make sure you have the information to make sure the payments get made. My previous post was based on the payments not being made.

    I'm still confused as to why refi is difficult. If your divorce says you need to refi it, you may be in contempt of that order (though this is often not enforced). Your ex was a fool to deed the property over without also getting rid of the mortage. If she indeed is using a chapter 7 mortgage, it's not care why she cares at this point. The loan is going to be discharged from her responsibility.
    Psst: OP's name is Anne w

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: What Happens if Your Ex- is Still on the Mortgage and Files Bankrupty

    Quote Quoting llworking
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    Psst: OP's name is Anne w
    I thought of that but considered the possibility that this is a same sex marriage where she refers to her partner as husband.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: What Happens if Your Ex- is Still on the Mortgage and Files Bankrupty

    Quote Quoting adjusterjack
    View Post
    I thought of that but considered the possibility that this is a same sex marriage where she refers to her partner as husband.
    That is possible, but in my experience in female same sex marriages they generally both refer to each other as "wife".

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