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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26343
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I have been divorced over a year. Our divorce was a no fault

Customer Question

I have been divorced over a year. Our divorce was a no fault and filed by me. She moved out before it was final but the divorce lists me as getting the house. She has since filed bankruptcy and it listed me and the loans on the bankruptcy - chapter 7 as creditors. Neither of us can afford it. I have kept up on payments and have been trying to sell it. I found a buyer finally and have all the paperwork done several times for a short sale with Bank of America on the two loans for the house we are upside down. I did get her to sign the Quit Claim Deed but am not getting cooperation on the Short Sale documents. Do I need to get a lawyer to get this done? How can I get her to sign these papers? ex parte?
Any insight to this would be wonderful - the stress is killing me. She has lived quite the year with trips to Vegas and other things while refusing to let me have closure.
Submitted: 11 months ago.
Category: Family Law
Expert:  Roger replied 11 months ago.

 

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : I assume she's on the mortgage loan - - is that correct?
Customer :

Hello. I hope so. Sleep is not good to me.

Customer :

Yes she is on both loans.

Kirk Adams : Ok. Thanks.
Kirk Adams : If you were granted the home as part of the property settlement, then the court order usually provides that the other spouse shall exeute any documents necessary to effectuate the transfer.
Kirk Adams : IF NOT, it is still possible to go back to court and ask the judge to compel her to exeute these documents.
Customer :

so that might be the first angle to tell her I will take her back to court? and how does one take her back to court?

Kirk Adams : Because she's in bankruptcy, you're likely going to have to file a motion in bankruptcy court to get the judge's and trustee's permission to execute these documents.
Customer :

bankruptcy cleared a year ago

Kirk Adams : Has she been discharged?
Customer :

yes

Customer :

6/5/12

Kirk Adams : Ok. In that case, she is no longer legally responsible for the debt.
Customer :

that is not what BOA says

Customer :

they do not accept the BK and she has to sign the forms

Kirk Adams : Well, if she included the debt in her bankruptcy and received a discharge, she's no longer liable.
Kirk Adams : BOA can't trump federal law, but I understand your position that they're telling you this is the only way that the deal is going to go through.
Customer :

CREDITOR'S NAME
AND MAILING ADDRESS
INCLUDING ZIP CODE,
AND ACCOUNT NUMBER
(See instructions above.)
Account No.
Value $
Account No.
Value $
Account No.
Value $
Account No.
Value $
Subtotal
_____ continuation sheets attached (Total of this page)
UNSECURED
PORTION, IF
ANY
B6D (Official Form 6D) (12/07)
State the name, mailing address, including zip code, and last four digits of any account number of all entities holding claims secured by property of the debtor as of
the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided
if the debtor chooses to do so. List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and
other security interests.
List creditors in alphabetical order to the extent practicable. If a minor child is a creditor, the child's initials and the name and address of the child's parent or
guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). If all secured
creditors will not fit on this page, use the continuation sheet provided.
If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor" ,include the entity on the appropriate
schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be
liable on each claim by placing an "H", "W", "J", or "C" in the column labeled "Husband, Wife, Joint, or Community".
If the claim is contingent, place an "X" in the column labeled "Contingent". If the claim is unliquidated, place an "X" in the column labeled "Unliquidated". If the
claim is disputed, place an "X" in the column labeled "Disputed". (You may need to place an "X" in more than one of these three columns.)
Total the columns labeled "Amount of Claim Without Deducting Value of Collateral" and "Unsecured Portion, if Any" in the boxes labeled "Total(s)" on the last
sheet of the completed schedule. Report the total from the column labeled "Amount of Claim" also on the Summary of Schedules and, if the debtor is an individual with
primarily consumer debts, report the total from the column labeled "Unsecured Portion" on the Statistical Summary of Certain Liabilities and Related Data.
Check this box if debtor has no creditors holding secured claims to report on this Schedule D.
SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS
Software Copyright (c) 1996-2012 - CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy
In re ,
Debtor
XXXXXX XXXXXXXCase No.
0
6/2003
Mortgage
1/2 interest in Real Estate at XXX XXXX XXXX
XXXXXXXXXXXX single ranch style
home three bedrooms two bathrooms
Bank of America
XX XXX XXXXXX
Dallas, TX 75265 X -
132,030.00 88,412.00 0.00
11/2006
Home Equity Loan
1/2 interest in Real Estate at XXX XXXX XXXX
XXXXXX XXXXX XXsingle ranch style
home three bedrooms two bathrooms
Bank of America
XX XXX XXXXXX
Dallas, TX 75265 X -
132,030.00 66,788.00 23,170.00

Customer :

that is from the BK I pulled

Kirk Adams : That puts you in a difficult situation - - either you could challenge BOA's policy or get a court to compel your ex to sign the docs.
Customer :

and I am so frustrated

Kirk Adams : Frankly, it should be easier to get the family court that handled your divorce to order her to execute the documents than it would be to challenge BOA
Customer :

and that would be how?

Customer :

can I do it on my own

Customer :

do I need a lawyer

Kirk Adams : You're probably going to need a lawyer.
Customer :

sorry I am not too bright

Kirk Adams : ESPECIALLY if you want this done ASAP.
Customer :

been with buyer for 3 months and afraid to lose them so YES

Kirk Adams : You will need to file a motion with the court that granted the divorce and ask it to require your ex to do this.
Kirk Adams : IF the divorce decree says that she must comply and execute documents to effectuate the transfer, then you could file a motion for contempt and ask the judge to require her to do this.
Kirk Adams : OR
Kirk Adams : IF the divorce decree doesn't say anything about this, then you would be able to file a motion to compel with the court and ask the judge to require her to execute these documents in order for you to sell the house.
Customer :

Ok well not simple answer but maybe a solution to get over the roadblock

Kirk Adams : It's not too complicated.....
Kirk Adams : You'll just have to determine whether you need to file a motion for contempt or a motion to compel.
Customer :

yea from your seat I am sure.

Customer :

I know I need to just do it and stop being the nice person

Kirk Adams : Legally speaking, it's not a complicated issue - - but it can take time, and if you don't have a lot of it, getting an attorney to help you get this done is the best course of action.
Kirk Adams : Yes, if you don't want to lost the short sale, it's important to get something done as soon as you can.
Customer :

I appreciate your time.

Customer :

Thank you.

Kirk Adams : No problem! THANK YOU for allowing me to assist. Please let me know if you need anything further.
Customer :

will do

41533.4018028704
Roger, Attorney
Category: Family Law
Satisfied Customers: 26343
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 5 other Family Law Specialists are ready to help you
Customer: replied 11 months ago.

can you remove some of the personal info from the BK out??

Expert:  Roger replied 11 months ago.
Hi - I can't, but you can contact customer service and they should be able to help.

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