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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am divorced. In the settlement my ex husband was awarded the house and all financial re

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I am divorced. In the settlement my ex husband was awarded the house and all financial responsibility for it. He was unable to refinance to get my name off because he couldn't afford it. Now it is getting foreclosed and he is filing Chapter 13. How will that affect my credit and is there any other way to get my name off this mortgage?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.


If your name is XXXXX XXXXX the mortgage, you're still responsible for the debt despite the divorce decree. Also, if he files Chapter 13, it should stop the foreclosure and allow him to pay the mortgage at a reduced rate to be approved by the court.


However, your credit will likely show that this loan is in default, but should not show anything about the bankruptcy.


The only thing you can do is file a motion for contempt with the divorce court, state that he has failed to refinance in his name to remove your liability on the loan and now he's filing bankruptcy, the loan is in default, etc.


The divorce court can hold him in contempt until he gets you off of the loan. However, the court can't force the bank to release you.

Customer: replied 5 years ago.
Thanks, XXXXX XXXXX! I was hoping I wouldn't have to file bankruptcy too. It souds liek this could only help my credit because once he starts paying (if he indeed pays it!) than my credit should start getting better and better since the loan will be no longer in default.

He also wants to go to a real estate lawyer and pay to get my name off but I'm not sure that is possible. Am I right in my thinking that he can only get my name off the deed and not the morgage?
Expert:  Roger replied 5 years ago.
That's right. It is simple to get your name off of the deed, but it's tough to get your name off of the loan as it can only be done if the lender allows it.
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