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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37790
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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2.3 years ago I had a chapter 7 done, and my attorney did not

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2.3 years ago I had a chapter 7 done, and my attorney did not have me default on a property, yet did not re affirm the property...instead he checked the box other and stated I would continue payments...

Now when I call Ocwen mortgage company they tell me that it has been discharged and what are my intentions upon the property...I tell them since it is rented I will continue to pay the mortgage. I am confused however because the told me it was discharged and that it no longer effects my credit or lack of payment will no longer be turned into the credit bureau....

That all being ex-wife is on the mortgage as co-borrower and during my divorce with her 6 years ago I signed a no harm clause with our attorney doing our divorce. I no longer want the property, but am afraid it will affect her if i stop making payments this month....I am confused because they already said it was discharged...if so how will they know to go after her for the monies?

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.


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Customer: replied 3 years ago.

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,


Customer: replied 3 years ago.

is there any chance they wouldn't even bother?

Hi again,

Yes, there is a chance, but it is not statistically likely. The lender, however, often will not bother to do this though because the collection rate on deficiency judgments are usually not very good --in fact statistically, the collection rates are dismal.

What they generally do instead of suing the borrowers is to write the debt off and send the borrower(s) a 1099 for the amount written off, and that raises tax issues for the borrower getting the 1099. If your ex is insolvent, then she would not be out any money. If she is not insolvent, she could have to pay taxes on the money written off and she would then be able to demand that you reimburse her for those taxes.

Customer: replied 3 years ago.

thank you. oh the next step! no chapter 13 relief for 1.7 years!!

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