Posted on: 31st Mar, 2010 03:46 pm
I was divorced in 2008 and my husband Quit Claimed our home over to me, I have since tried to work with the mortrgage co. to rework the mortgage to no avail!! They keep saying Im not on the mortgage and cannot talk to me about it, I have faxed them 9 times court papers and copy of deed that has been recorded (no help) my ex-husband recently filed bankruptcy and included my home CAN HE DO THAT? They now want to sherrif sale my home and I still cannot get help from Mortgage Co. oh and its not the original Mortgage Co, they sold it to another and they do not have the correct info. PLEASE my children and I are about to be homeless!!
Hi orlando_kathryn!
Welcome to forums!
Though the property is in your name, the mortgage is still in your husband's name. As a result, he would be able to include the mortgage in his bankruptcy filing. As he is liable for the debts, the trustee may sell off the property to pay his creditor. However, as you are one of the owners, you would get your share from the sale proceeds. I would also suggest you to have a word with a bankruptcy attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Though the property is in your name, the mortgage is still in your husband's name. As a result, he would be able to include the mortgage in his bankruptcy filing. As he is liable for the debts, the trustee may sell off the property to pay his creditor. However, as you are one of the owners, you would get your share from the sale proceeds. I would also suggest you to have a word with a bankruptcy attorney and take his opinion in this regard.
Feel free to ask if you've further queries.
Sussane