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Category: Bankruptcy Law
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Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Hello i live in New York near buffalo. I went through a divorce

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Hello i live in New York near buffalo. I went through a divorce that was ugly for over two years. I took all the marital debt as it was all in my name because she never ever had any credit to even get a home depot card. We own a house the property settlement and divorce decree said the house is to be sold in which we both agreed.The house sold in 3 days and after we signed the contract my ex wife decided to move back into the house. My ex vacated the residence for almost a year and a half. My ex moved in changed the locks and still lives there. The house wasa nd still is in forclosure. My ex did a loan mod. but the mortgage comapny required a quit claim deed to do so. I was never allowed to do a loan mod. by the court or her attorney, and either was she but she did anyway. Now what would bankruptcy filing by me do to this situation? While i lived there and she vacated i could of filed bankrptcy and this forclosure never would of accumalated extra fees. Any suggestion or help? Thanks JAY


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on


If the mortgage or deed is in your name the foreclosure would stop by your bankruptcy filing, in a case such as this it seems she has violated the divorce settlement, and you should consider going to the Family Court to force her to sell of sign over the documents needed to sell the property.

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