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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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I hold title to a property in the BX NY, yet did not hold

Customer Question

I hold title to a property in the BX NY, yet did not hold the mortgage my former girlfriend who held the mortgage declared chapter 7 bankruptcy and listed the mortgage in her debts to vacate, how can I remove the mortgage lien on the house.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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my former girlfriend who held the mortgage declared chapter 7 bankruptcy and listed the mortgage in her debts to vacate, how can I remove the mortgage lien on the house.

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Unfortunately you can't. The property is still considered collateral for the mortgage and the lender is a "secured lender". The only thing the bankruptcy did was extinguish your former girlfriend's personal liability for the debt. A bankruptcy doesn't extinguish or forgive the debt so as to give the owner a free house.

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The bank still can foreclose on the property if the mortgage is not paid and force a sale of it to pay the debt. They just can't go after your ex for the debt.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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