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Roger
Roger, Attorney
Category: Bankruptcy Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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If you are divorced and file bankruptcy and the second mortgage

Resolved Question:

If you are divorced and file bankruptcy and the second mortgage is charged off by the judge, would your wife be responsible for the amount of the second mortgage?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your post.

I've got a few questions for you:

1. Is the wife's name on the second mortgage loan?

2. What state is this in?
Customer: replied 1 year ago.


The wife's name is XXXXX XXXXX second mortgage. This action is in the state of Maryland.

Expert:  Roger replied 1 year ago.
Ok. Thanks for the information.

IF the wife's name is XXXXX XXXXX mortgage, then she would still be responsible for the debt. The bankruptcy discharge would ONLY release the husband's obligation to repay the debt, but it DOES NOT cancel or wipe away the debt. Thus, she would be responsible.

The only way the wife would be relieved of the obligation is if she were to file bankruptcy as well.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26554
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 2 other Bankruptcy Law Specialists are ready to help you
Expert:  Roger replied 1 year ago.
Hi

Thanks again for allowing me to assist you. If you need any additional questions answered, please let me know.

Thanks,

Kirk
Customer: replied 1 year ago.

I am divorced from my wife. We have a house that neither one of us wants. The house is up-side-down. Which means the it is far less than what we paid for it at this point. What are our options of getting rid of the house immediately? I want out but do not have a lot of money!

Expert:  Roger replied 1 year ago.
Hi -

The fastest way to get rid of the property would be to offer the lender a deed in lieu of foreclosure, which is a peaceful return of the property to the lender without the necessity of having to go through foreclosure. If the lender would agree to accept the deed in lieu, then that would be the fastest. Otherwise a short sale or a foreclosure are the other options you have.

Also, if both of you were to file bankruptcy and receive a dischrge, then that would result in a fairly quick resolution.


The only other option would be to just wait and let the lender eventually foreclose.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26554
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 2 other Bankruptcy Law Specialists are ready to help you

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