Posted on: 18th Feb, 2010 10:41 am
hi,
i quick claim deeded my house to my ex husband in july 2008. unfortunately, he lost his job and wasn't able to refinance the house. so i am still on the mortgage.
he filed chapter 7, which is done. i filed chapter 13 in november,2009
that being said, i just heard from my bankruptcy lawyer that the mortgage company is filing $9,000 in arreage to me.
the divorce decree was written that he was to take ownership.
what can i do.
i quick claim deeded my house to my ex husband in july 2008. unfortunately, he lost his job and wasn't able to refinance the house. so i am still on the mortgage.
he filed chapter 7, which is done. i filed chapter 13 in november,2009
that being said, i just heard from my bankruptcy lawyer that the mortgage company is filing $9,000 in arreage to me.
the divorce decree was written that he was to take ownership.
what can i do.
Hi steelgirl,
Though you quitclaimed the property to your ex husband, you will remain liable for the mortgage payments until he refinances. As his debts have been discharged through bankruptcy, he is not personally responsible to repay the mortgage. In such a situation, the lender will come after you to recover the outstanding balance on the loan.
In case the divorce decree states that your ex-husband has to refinance the loan within a certain time, he has to do it. You could have taken the matter to court to force him to either refinance or sell the home. But at this point in time, it does not seem to possible as he is discharged from the liability of the mortgage through the bankruptcy Chapter 7.
Though you quitclaimed the property to your ex husband, you will remain liable for the mortgage payments until he refinances. As his debts have been discharged through bankruptcy, he is not personally responsible to repay the mortgage. In such a situation, the lender will come after you to recover the outstanding balance on the loan.
In case the divorce decree states that your ex-husband has to refinance the loan within a certain time, he has to do it. You could have taken the matter to court to force him to either refinance or sell the home. But at this point in time, it does not seem to possible as he is discharged from the liability of the mortgage through the bankruptcy Chapter 7.