Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Only the debtor who files bankruptcy can reaffirm on the mortgage
Are you on the title to the home and are you on the mortgage loan?
You should have the home quitclaimed into your name
Can that still be done even if the mortgage is claimed in his bk
Since you are on the loan, you should be able to refinance it once his bankruptcy case is discharged.
the case basically takes him off of the loan only.
You should show the lender a copy of the settlement agreement and his discharge to help facilitate a refinance
Are you trying to refinance now?
Apparently not according to the lender. They're telling me that he has to reaffirm the mortgage. I don't have a copy of his discharge, but the bk attorney must have notified the lender that his bk was discharged. I had reached out to my lender to inquire about refinancing and was given this information
The bank gets notice of filing and of the discharge
You may want to use another bank then
The lender doesn't have to let you refinance
I have been the individual making the mortgage payment before and after the divorce. They are continuing to accept the monthly payments
that is common
your best bet is to keep making the payments, since you are on the loan too.
Reaffirming keeps the debtor on the hook for the loan
he'll unlikely want to, and it isn't required.
you still have the settlement agreement to keep the home, that won't change.
Your best bet if you want/need to refinance is to use a different lender.
If you really want to use your bank, try to speak to a senior mortgage specialist to relay your situation.
If you have any other questions, please let me know
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).