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  1. #1
    Join Date
    Jul 2009
    Posts
    1

    Default Buying House from Wife After Chapter 7

    My question involves bankruptcy in the state of: North Carolina

    My wife owned our home with her ex husband. There is a primary mortgage that is about what the home is worth and a second mortgage. My wife's ex has filed Chapter 13 and has released interest in the house. My wife has filed Chapter 7, reaffirmed the primary mortgage but not the second mortgage. Her Chapter 7 has been discharged. I would like to buy the home from her to clear the deed so I can do some home improvements and build a second garage without worry of issues with the property.

    How do I go about purchasing the home? Will the second mortgage, that was included in her bankrupsy, come in to play given the primary mortage is approximately what the home is worth.

    Thanks,

    J

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Buying House from Wife After Chapter 7

    She can't strip off the second mortgage in a Chapter 7.

    I suggest you form a strategy in consultation with your wife's bankruptcy lawyer.

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