How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26558
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Type Your Bankruptcy Law Question Here...
Roger is online now
A new question is answered every 9 seconds

My wife filed bankruptcy. She has no claim to the house were

Customer Question

My wife filed bankruptcy. She has no claim to the house we're living in as it's a premarital asset(not named on the deed). Nor does she appear anywhere on the mortgage. My mortgage company has blocked me from making online payments to my account claiming that "a member of my household has filed bankruptcy and therefore my account has been turned over to the bankruptcy department". Under their "rules" any property involved in bankruptcy proceedings can only make payments by mail. They concede that she is not on the deed or the mortgage buy refuse to lift the sanction because our address is listed as her residence on the bankruptcy petition. I am not a party to this bankruptcy filing.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.

The lender is doing this because you wife has acquired a fractional ownership interest in the property, which is the marital residence, by virtue of the marriage.


That's why the lender is treading lightly around this subject. They don't want to be in violation of the automatic stay or accept money from the bankrupt which was not authorized by the court.


I can't say what the difference between accepting a check in the mail as opposed to an online payment is in their eyes. However, if this is the lender's policy, you're likely going to have to live with it.

Customer: replied 4 years ago.
It was established that she can make no legal claim on the property as it was a premarital asset and the mortgage was established before we were married. Their representative said that this rule would apply to anyone living in this residence and using the address when filing bankruptcy, including Dependants. And again, I was not a party to this filing in any manner.
Expert:  Roger replied 4 years ago.

If this has been established informally or formally, my suggestion is that you have your spouse execute a quitclaim deed to you for any and all interest she may have in the property.


This will eliminate any question about whether she has an ownership interest.


Once you get this done, you can send a copy to the mortgage company, and they should allow you to resume online payments.

Customer: replied 4 years ago.
that was done on the day of filing. Therein lies the issue.
Expert:  Roger replied 4 years ago.

Ok. It is likely that the lender has no idea about this transaction, and if it does, it may be afraid that this is a fraudulent transfer and could be reversed by the trustee.

Customer: replied 4 years ago.
even though it's all been channeled through the Bankruptcy Attorney's office? Should I then contact the Trustee and get him involved?
Expert:  Roger replied 4 years ago.
I don't think there is a need to get the trustee involved. It should be sufficient to provide any documentation that the property has been transferred and the court's acknowledgment that the transfer has been approved.
Customer: replied 4 years ago.
Expert:  Roger replied 4 years ago.
No problem.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • FiveStarLaw


    Satisfied Customers:

    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • FiveStarLaw's Avatar



    Satisfied Customers:

    Bankruptcy Lawyer. Experienced.
  • Terry L.'s Avatar

    Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • Phillips Esq.'s Avatar

    Phillips Esq.


    Satisfied Customers:

    B.A.; M.B.A.; J.D.
  • cortrightlaw's Avatar



    Satisfied Customers:

    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • JoeLawyer's Avatar



    Satisfied Customers:

    Attorney in the practice of Bankruptcy Law since 1996
  • dylatess's Avatar



    Satisfied Customers:

    35 plus years of experience specializing in bankruptcy law
  • Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    Twelve years experience in all aspects of debtor & creditor BK.