My husband and I are divorced. In the divorce papers it was stated that he would take responsibility for the mortgage payments. My name is XXXXX XXXXX deed to the house. He filed a chapter 13 a year ago. The mortgage company did not come after me for payments, however my name is XXXXX XXXXX on the payments. How do I get my name off the deed to the house and can my husband file a chapter 7, after he filed a chapter 13 a year ago? The house right now is going into foreclosure.
Country relating to Question: United StatesState (if USA): KentuckyWhat have you tried so far?: N/A
Hi - my name is XXXXX XXXXX X'm a Bankruptcy and Real Estate attorney here to assist you.
1) Your name will be removed from the deed as soon as the house forecloses. To remove your name from the deed before the house forecloses, you and your ex-husband can sign a Quitclaim deed signing the house over to him alone.
2) You did not indicate whether or not your ex-husband's Chapter 13 is still in progress. If it is still in progress, he can convert the Chapter 13 to a Chapter 7 at any time. If his Chapter 13 has been dismissed, he can file a Chapter 7 after 180 days after his Chapter 13 was dismissed.
When he filed the chapter 13, he had to do a means test. I do not think that if he can file a chapter 7 do to the means test? Can he? He does have some retirement income, but is having issues w/ making payments to keep the house. His chapter 13 is still in progress and will not be dismissed for 4 more years. The loan company did not come after me for payments. I have been out of work due to illness for 6 months now, so I have no income. Is it better to wait for foreclosure to get my name removed or do it sooner? Will they sent me a 1099?
He does have to pass the Means Test to be able to convert his Chapter 13 to a Chapter 7. That means his gross monthly income must be below $3,297 if he lives alone. (The amount goes up if there is more than one person in his household.)
If the house was given to your ex-husband in your divorce, it does not make sense to keep your name on the deed. However, if the house is being foreclosed, you can wait until it forecloses - there would be no benefit to removing your name before the house forecloses.
It is very unlikely that you will receive a 1099-C, as most mortgage lenders do not issue 1099-C's.
If he needs to file a chapter 7 can he do that now while he is still under a chapter 13? How long before the lenders give you before foreclosure? So far 1 payment was not made and its going on number 2? How long does the foreclosure process take? Why wouldnt the lenders try to come after mean and give me a 1099-c for them to write it off?
Yes - your ex-husband can convert to a Chapter 7 while his Chapter 13 is in progress - he does not have to wait until his Chapter 13 is finished.
If he has only missed one or two payments, the foreclosure process can take 6 months or longer.
Issuing a 1099-C means the lender forgave the debt, it does not mean the debt was written off. Since lenders do not generally forgive mortgage debt, they do not issue 1099-C's.
What does it mean that the lender forgave the debt? If he files a chapter 7 what happens as far as when he would need to move out? Say the lender sends me a 1099-c? What are the steps to foreclosure? So you think that I should not file a quit claim? What is the process for that?
1) When a lender forgives a debt, it means they are not going to try to collect it. If a lender does not want to collect a debt, they will sell it to a collection agency, they will not "forgive" it.
2) If your ex-husband files a Chapter 7, he will have 6 months to a few years to move out.
How long does it take to foreclose on a house? What is the process to file a quit claim?
It takes 6 months or longer to foreclose a house. The amount of time depends on how long it takes to sell the house in a foreclosure sale.
The quitclaim deed has to be signed and notarized, and it gets filed with the County Clerk.
Where do you get the papers? How much does a quit claim cost? Can a lender refuse a quit claim? One more question? Why wouldnt a mortgage company want to file a quik claim? Wouldnt they try to get some money out of the home or from me?
Here is a website where you can download a quitclaim deed for free:
A lender cannot stop you from signing and filing a quitclaim deed.
Filing a quitclaim deed does not stop your liability for the mortgage. The mortgage is separate from a quitclaim deed. You cannot have your liability for the mortgage removed unless you also file a Bankruptcy. This is so, even though your divorce stated that your ex-husband would be responsible for the mortgage. The mortgage company does not have to abide by divorce papers.
Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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