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  1. #1
    Join Date
    Dec 2008
    Posts
    6

    Default Mortgage Company Says I Surrendered Home

    My question involves real estate located in the State of: Florida.
    Here is my situation and although having a Bk Lawyer he will not help as he says he is just there for the BK.
    I divorced in July of 06 signing over the house my ex was living in to her with me retaining the house I am living in, this year August I filed for BK 7 surrendering my house and any interest that might have been in the house that she is living in, now according to my Lawyer that did not mean I had surrendered her house just my interest, now I have come to find out that my name is the only name on the Note although mine and hers are on both the Deed and the Mortgage statement as Owner/Borrower, and we have been told from the Mortgage company that we need an Attorney as I have surrendered that Property as well. One other point here is the fact that I had state in the divorce agreement that I would maintain the mortgage payments and have been doing so from we bought the house right through the divorce till 3 months ago as the bottom of my bucket fell out and I am loosing everything , I am asking if there is anyone out there with the knowledge about this sort of situation to please edify me as to what you think we should do, I really do not want her to loose this house but what are our options.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Mortgage Company Says I Surrendered Home

    now I have come to find out that my name is the only name on the Note although mine and hers are on both the Deed and the Mortgage statement as Owner/Borrower, and we have been told from the Mortgage company that we need an Attorney as I have surrendered that Property as well.
    Your name is only on what note? You said your on the note alone then said you are both on it.
    The status of whether or not you filed bankruptcy has nothing to do with who's name is placed on a deed, thats done during the purchase of the home. Your on the hook for the mortgage until she refiances it in her name only or you both agree to sell it. Did you ever do anything with the deed/mortgage when you divorced?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Mortgage Company Says I Surrendered Home

    I divorced in July of 06 signing over the house my ex was living in to her with me retaining the house I am living in, this year August I filed for BK 7 surrendering my house and any interest that might have been in the house that she is living in, now according to my Lawyer that did not mean I had surrendered her house just my interest,
    hold it. You already said you has already signed over all interest to your ex. Why would you even include anything to do with her house?

    Maybe because it is financed in your name (and maybe hers) and she never got it refinanced in just her name? Shame on you. If true, you filed BK on her house (or more correctly, the mortgage) and now the bank gets to go after the house since it is collateral. Easy fix; she finances the house in her name.

    now I have come to find out that my name is the only name on the Note although mine and hers are on both the Deed and the Mortgage statement as Owner/Borrower,
    the "note"? If you are referring to the mortgage, then it is what it is. Why do people do this without knowing what they are doing and yes, this IS something your BK attorney should have known sinec it is concerning the BK.

    and we have been told from the Mortgage company that we need an Attorney as I have surrendered that Property as well.
    which property. You are gteting confusing.

    One other point here is the fact that I had state in the divorce agreement that I would maintain the mortgage payments and have been doing so from we bought the house right through the divorce till 3 months ago as the bottom of my bucket fell out and I am loosing everything , I am asking if there is anyone out there with the knowledge about this sort of situation to please edify me as to what you think we should do, I really do not want her to loose this house but what are our options.
    [/QUOTE]

    Not sure what house you don't want to lose so here is this:

    Some frequently claimed exemptions claimed are $125,000 equity in one's Florida homestead (unlimited if you've had an interest in the homestead or predecessor homestead for 1,215 days or more), $1,000 in personal property ($4,000 if no homestead exemption is claimed or benefited from), $1,000 equity in one vehicle owned by the debtor, certain earnings of a head of household, and retirement accounts. Other exemptions are available; your attorney should be consulted as this is a special topic in a specialized practice area.
    go back and label the houses a and b or something so this is less confusing.

  4. #4
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Mortgage Company Says I Surrendered Home

    Ok, here goes again, her house is house A and my house is house B, I surrendered my house, house B and any interest that I might have had even if it was 0% interest in her house, house A.
    Reading the above with this thought in mind should give a change in perspective, in actuality there are two houses in two different counties in Florida,
    I signed over the House in the Divorce to her and have been paying the mortgage since but times have changed, I have lost my house, I thought her house was safe, it being protected by the divorce documents, now how do I go about correcting this situation.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Mortgage Company Says I Surrendered Home

    you did not say if the mortgage in her house is in your name, her name, or both (unless I missed it).

    Your interest in the house has nothing to do with the mortgage holders interest in a house. Their interest is because of the mortgage loan. Your interest is because of title. Two very different situations.

    So, which is it?

    if the mortgage loan has your name on it, the divorce will have nothing to do to protect the house. Your contract with your wife (marraige is a contract as well as a divorce is) cannot control your contract with a creditor.

  6. #6
    Join Date
    Dec 2008
    Posts
    6

    Default Re: Mortgage Company Says I Surrendered Home

    Quote Quoting jk
    View Post
    you did not say if the mortgage in her house is in your name, her name, or both (unless I missed it).

    Your interest in the house has nothing to do with the mortgage holders interest in a house. Their interest is because of the mortgage loan. Your interest is because of title. Two very different situations.

    So, which is it?

    if the mortgage loan has your name on it, the divorce will have nothing to do to protect the house. Your contract with your wife (marraige is a contract as well as a divorce is) cannot control your contract with a creditor.


    The Note has my name alone and the Mortgage which states,, "BY SIGNING BELOW, borrower accepts and agree to the terms and covenant contain in this Security Instrument and in any Rider executed by Borrower and recorded with it." is signed by the two of us as borrowers.

  7. #7
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Mortgage Company Says I Surrendered Home

    Your still confusing...how about this...dont use the word note. Either say mortgage or deed.

    If what your saying is that the deed to the property has your name only on it, then why wasn't it changed after your divorce? You said that you signed over the house, what do you mean by this?

    How did the bankruptcy court view house a?

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