Does bankruptcy on a house with a loan and i am not on the deed?
JenineIf I were to go bankrupt (I am responsible for half a note on a house but I am not on the deed because my X did not refinance) would I be relieved from the debt of the loan and if yes, would that make him responsible for only paying half the loan on the house? Only knowledgeable answers please. Offer suggestions, comments, anything!!
FlorenciaWould be great f it worked that way. Mortgages are secured loans. Basically bankruptcy does not wipe them away. Only way to remove it is to pay it off or have the house forclosed on. You could try to get the mtg company to release you from it but that is up to them. What the bankruptcy will do is prevent the house from being forclose on or paidoff (sale or refi) . In bankruptcy, a lender can not attempt to collect. THough often the mtg lenders ask to be exempt from the"stay"
DickUnder old bankruptcy law the debt would be discharged. I do not know if there were changes in the new laws that went into effect. My ex Mother-in-law filed bankruptcy on a house that had us both on the loan. She had previously deeded her entire share to me. She was discharged, making me responsible for the entire note, not half. The finance company told me they would refinance the the house after her discharge. Then they decided not to do that and would not give me a reason why. Even though every check they received had my name only on it. In 6 1/2 years there was never a late payment. Then I had to file bankruptcy because I could not afford the payments by myself. I told them they were going to force me into bankruptcy and they didn't care. Because I acted as my own attorney, they had the nerve to call me and ask me to reaffirm the debt. However, you may need to also check your divorce decree if we were married to your ex. There maybe wording that can hold you responsible anyway.
CalebNo, since you have a loan on the house you would need to settle that fully. You don't get to spit it 50-50 because you are married. It does not matter if you are not on the deed, the house is on the loan and can be foreclosed on.