Posted on: 19th Oct, 2009 03:37 pm
My ex and I divorced which was final in 9/2005. I received the home via quitclaim but have failed to file the quitclaim to make it valid. She filed chapter 13 two weeks ago. I never refinanced our mortgage but have never been late or missed a payment.
Do I have exposure to her creditors? Regardless, I will file the quitclaim deed tomorrow. :(
Do I have exposure to her creditors? Regardless, I will file the quitclaim deed tomorrow. :(
Do you have a divorce settlement statement or something which can back up the fact that the house is legally yours, not hers? couldn't hurt to check that out.
Hi brnmcd!
Welcome to forums!
A quitclaim deed is considered as a valid document when it is notarized and recorded at the county recorder's office. It would have been better if you could have filed the deed and refinanced the mortgage in your name.
You will have to check out if she would be including the mortgage for this property in her chapter 13 bankruptcy filing. If she includes the loan in the bankruptcy, then the lender would give her a payment plan to pay off the dues within 3-5 years after the bankruptcy discharge.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
A quitclaim deed is considered as a valid document when it is notarized and recorded at the county recorder's office. It would have been better if you could have filed the deed and refinanced the mortgage in your name.
You will have to check out if she would be including the mortgage for this property in her chapter 13 bankruptcy filing. If she includes the loan in the bankruptcy, then the lender would give her a payment plan to pay off the dues within 3-5 years after the bankruptcy discharge.
Feel free to ask if you've further queries.
Sussane