Posted on: 22nd Apr, 2009 04:31 pm
do i have to pay a lien on my mortgage of the house i aquired with a quit claim deed from my ex husband that he has listed in his chapter 13 bankruptcy from a discover card that i never used?
Hello bapepsigirl,
If your husband has filed the bankruptcy recently then he would actually already be in the process of paying back this debt along with all of his other debts. When you file for a chp 13 bankruptcy your debts don't go away. The court sets up a payment arrangement over the course of atleast a few years for you to pay back all of your debts.
Ultimately that debt will be paid off and the lien released but until then it will be on there unless you decide to go ahead and pay it off yourself.
If your husband has filed the bankruptcy recently then he would actually already be in the process of paying back this debt along with all of his other debts. When you file for a chp 13 bankruptcy your debts don't go away. The court sets up a payment arrangement over the course of atleast a few years for you to pay back all of your debts.
Ultimately that debt will be paid off and the lien released but until then it will be on there unless you decide to go ahead and pay it off yourself.
Discover said that since my name was on the acct too, that I am also responsible for the payment. even tho it was stated in my divorce decree that I was not to be. Also the attorney for their collection agency said it will remain on the mortgage until paid in full, even if I die it will be passed on to my heirs. When I tried to offer a debt settlement last year, they refused to respond to any of my correspondence I made through their attorney
You have mentioned that your divorce decree states that you will not be responsible for the payments. In that case, the lender cannot force you to pay off the debts. I would suggest you to contact an attorney and let him/her deal with your lender.