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how to get off of the mortgage loan - ex filing bankruptcy..

Posted on: 01st Dec, 2009 12:26 pm
ok... long story short... my fiance and i are getting married in a year...

she had a house with her ex. she signed a form giving up ownership but she is still on the mortgage. he has filed for chapter 13 bankruptcy. he lives in the house and took full responsibility for it in the divorce decree.

how can she get off of the morgage? he hasn't made but two payments in the past year and a half, everytime the bank says they are going to foreclose they back out.

the meeting of the creditors is in jan. is there anything she can do or the bankruptcy court to remove her from the loan?

i don't want to get married and be liable for that debt or still have it in her name.

thanks
Hi Texan,

As your fiance's ex-spouse has filed Chapter 13, it would be difficult for your fiance to remove her name from the mortgage docs. Even the bankruptcy court will not be able to do anything in this regard.

As your name is not on the mortgage docs, you won't be liable for your fiance's debts. If the property goes into foreclosure, it would hit your fiance's credit and not yours.

Take care.
Posted on: 02nd Dec, 2009 12:54 am
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