Posted on: 22nd Sep, 2009 01:51 pm
i am going through a divorce and my wife that filed chapter 7 bankruptcy on the loan, washed her hands of it. she also stated in the chapter 7, not to reclaim deed and gave volunteer surrender of the property. she currently lives in it and i am paying on it through a court order(temporary) spousal support. how do i get her off the mortgage deed, i want to modify my existing loan so i can afford it after a divorce (child support and aliminony payments) but the bank told me to go thru a lawyer. she refuses to sign off the quick deed, because she doesn't want me to have it. the house is upside down due to the ecomony. can the bank force her off the deed, if she file chapter 7 on it.
Hi hansramstein,
The bank cannot force her to sign the quitclaim deed. However, if possible you can negotiate with her so that she quitclaims the property to you and then modify the loan. As your bank has suggested, you should definitely take the help of a lawyer in this regard. He may help you in negotiating with your ex-wife.
Thanks
The bank cannot force her to sign the quitclaim deed. However, if possible you can negotiate with her so that she quitclaims the property to you and then modify the loan. As your bank has suggested, you should definitely take the help of a lawyer in this regard. He may help you in negotiating with your ex-wife.
Thanks