Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.
Your ex-husband's Bankruptcy filing cannot be put on your credit report.
It does not matter that there is a mortgage and a credit card in both names.
ok. even though the mortgage bank wrote a letter stating that the mortgage is now a bankrupt status mortgage?
Yes - the mortgage will be in "bankruptcy status" while his Bankruptcy is in progress.
Once his Bankruptcy is discharged - in 4 to 6 months - the mortgage will no longer be in "bankruptcy status".
but i can refinance in my name only and that would fix problem?
Yes - you can re-finance the mortgage in your name only.
will the bank sell even though i am willing to re-finance?
The bank cannot foreclose your house as long as the mortgage is being paid.
Even though your ex-husband filed a Bankruptcy.
That just means his liability to pay the mortgage will be discharged.
If you continue to pay the mortgage, the bank cannot sell the house.
i am 3 months in arrears
Well, then the mortgage company will be able to foreclose the house - unless you bring the payments current.
because without the x, the payment is too high
If you cannot pay the mortgage on your own, you may be able to apply for a modification.
If you cannot get a modification approval, you may want to consider selling the house.