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  1. #1
    Join Date
    Apr 2009
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    1

    Default Quit Claim Through Divorce and Bankruptcy

    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?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Quit Claim Through Divorce and Bankruptcy

    If she's not on the mortage, her own bankruptcy won't affect the mortgage. Her responsibility comes under the divorce judgment and those obligations can survive bankruptcy. She should try to work something out with her attorney, most likely through an amendment of the divorce judgment through the divorce court, for example so that the house is sold and she's freed from her obligation.

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