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Roger, Attorney
Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In the process of a divorce, exhusband wants to keep the house

Resolved Question:

In the process of a divorce, exhusband wants to keep the house 1st & 2nd mortgage (2nd mortg is in foreclosure) wants me to sign a quit claim dead and then have me file for bankruptcy and include both mortgages. What is the downside for me?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 6 years ago.

The only way you can get your name off of the bank loans is if (1) the bank releases you voluntarily (never happens), (2) you pay off the loan or (3) you file bankruptcy and have your obligation discharged.


Even if you sign a quitclaim deed over to your ex, the lender(s) have the right to foreclose against you and sue you for the debt after the sale (deficiency judgment). The only way to get around being foreclosed on or being sued is to file bankruptcy and have the debts discharged.

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