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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31688
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been separated from my ex for over a year. It wasnt

Customer Question

I have been separated from my ex for over a year. It wasn't a bad break up, so I was fine with it when he said he wanted to keep the house. Now he's been missing payments on it and it's gone into forclosure status. He's planning on doing a deed in lieu or a short sale, but he is also filing for bankruptcy (as he has other unpaid bills, including his car and probably some utilities). I'm trying to get the divorce finalized. I haven't been having any problems paying my bills, but the house is still in my name because he never did the paperwork for me to transfer it over to him. Should I declare bankruptcy too, or would I be better off going through with the deed in lieu or whatever?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

The deed in lieu of foreclosure is the best way to resolve this mater and get yourself out of it because this avoids the foreclosure and also stops any possibility of a deficiency judgment for the balance of the loan after the property is sold.

This, I certainly wouldn't recommend filing bankruptcy - at least at this point - if the lender is willing to accept the deed in lieu.
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Customer: replied 5 years ago.
I used my VA benefits for the loan. Is there any way I can get my ex to repay them for any benefits I'd be losing because of this?
Expert:  Roger replied 5 years ago.
Unless you have a written agreement with your ex to reimburse you for the benefits you pledged for the loan, you can't seek anything from him short of a court order requiring him to reimburse you.

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