My question involves real estate located in the State of: Georgia
My mom went thru a divorce and was awarded the house. She told the judge she did not want the house b/c she could not afford it on her own. She ended up with it anyway & now she's having financial difficulties. The mortgage is in her ex husband's name only & the home was never refinanced into her name & the divorce papers do not state that it had to be refinanced. However the court order is for her to make the monthy mrtg payments. Her attorney has asked her ex husband if he would like to take the property back & she could quit claim it back to him but he has refused. She was told to file bankruptcy but can she do this with the mrtg not being in her name? Can she file bk on the court order to make the mrtg payments?

