Real Estate Law
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Good afternoon, I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. If you choose not to reaffirm the debt in the bankruptcy, then the debt is discharged. There is no specific requirement that you ask for the debt to be discharged. It is either reaffirmed or it is automatically discharged. The lender typically will allow you to continue to pay the mortgage even if it is discharged and unless you default, they will not pursue foreclosure. The debt no longer is valid, and does not affect your credit any longer. That is true. If you pay the mortgage off eventually, the lender will transfer the deed to you. If you cease paying the mortgage, the lender can foreclose and take the property---but that is the end of it---they cannot sue you to collect any money owed on the mortgage. If you do stop paying on the mortgage, they lender can look to your ex for payment, and if you signed a Hold Harmless agreement agreeing to indemnify her from any suit by the lender, then if the lender goes after her, she will be able to sue you and demand that you defend the action by the lender at your expense and that you pay any judgment that is rendered against her. I am sorry. They will know to go after her because she also signed on the mortgage and did not have that debt discharged in bankruptcy. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction. I wish you the best in your future. Doug
this is confusing! I still don't understand that since it was discharged they will go after her...they do not know we were divorced! lol. Her name still comes on the bill every month with my last name....I just assumed they will believe she was part of the chapter 7. What do you think?
Good afternoon. I apologize for any confusion. Let me explain it a different way. You were the only person to file bankruptcy---at least you never mentioned your ex filing bankruptcy. Of course, if she filed Chapter 7 with you, then she has no liability on the debt either. Under the law, only the person filing bankruptcy has the debt discharged as regards to them. All other persons liable for the debt remain liable for that debt. So if your ex didn't file bankruptcy, but she did sign on the mortgage, then she is still legally responsible for the loan if it is not paid. You may reply back to me again if you have additional questions, and I will continue to assist you. I wish you the best in your future, Doug
is there any chance they wouldn't even bother?
thank you. oh well....to the next step! no chapter 13 relief for 1.7 years!!
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