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Attorney T. Lodge
Attorney T. Lodge, Attorney
Category: Bankruptcy Law
Satisfied Customers: 45
Experience:  10+ Years Experience Chapter 7 and Chapter 13 Attorney
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MY EX WIFE FILED FOR CHAPTER 13 IN THE STATE OF FLORIDA IN

Resolved Question:

MY EX WIFE FILED FOR CHAPTER 13 IN THE STATE OF FLORIDA IN OUR DIVORCE PAPERS IT STATED SHE HAD CONTROLL OF THE HOME BUT IF SHE DEFALTED OR CAUSED A NEGITIVE ON MY CREDIT THAT I WOULD HAVE THE RIGHT TO SELL THE HOME WHAT WILL HAPPEN SINCE SHE HAS FILED WILL MY DIVORCE PAPERS BE VOIDED AS FAR AS THE HOME IS CONCERNED
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Attorney T. Lodge replied 5 years ago.
Well, I haven't seen your divorce agreement in writing, but I am questioning how you would effectuate your "right to sell the home" if she defaults or causes a negative mark to your credit if title resides with her and her father. Did you get divorced in the State of Florida?
You would not have received notice of the bankruptcy if you were not either a creditor or someone who was receiving (or who was owed) child support or alimony.

Filing of the Chapter 13 itself most likely would not be considered a "default" under the terms of the mortgage. Again, I'd have to read the document through to be sure.

What would you like to see happen here?
Customer: replied 5 years ago.

yes i got divorced in florida

i would have to take her back before the court and force the sale of the home if she would not honor or divorce papersthe judge could not remove me from the loan without refinancing she could not so i signed a quit claim deed to her and said she had till april 09 to refinance

Expert:  Attorney T. Lodge replied 5 years ago.
Yes, it certainly sounds like you would have to take her back to court to force the sale of the property pursuant to the terms of the divorce agreement.

If she is in Chapter 13, I am assuming she wants to stay in the home and to continue making mortgage payments on the property.

You are well advised to seek out local counsel in Florida as this is likely to be a question in state interpretation as to whether your wife's actions in the bankruptcy court somehow violate the terms of the divorce agreement.
Attorney T. Lodge, Attorney
Category: Bankruptcy Law
Satisfied Customers: 45
Experience: 10+ Years Experience Chapter 7 and Chapter 13 Attorney
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