QUESTION
Can he go out and buy a new house or does he have to get his name off the loan and deed?
Asked on Jun 02nd, 2013 on Bankruptcy - Missouri
More details to this question:
My husband and I got a divorce and we also filed bankruptcy. We just found out that he did not reaffirm the mortgage loan and I did. We are still together, just not married!
4 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on his circumstances (income versus debt) and the lender.
Answered on Jun 06th, 2013 at 9:26 AM
It would be a business decision for a lender to make, not a legal decision. If your ex spouse can qualify with a lender to finance the purchase of real estate, nothing you have described would legally prevent him from doing so.
Answered on Jun 06th, 2013 at 2:14 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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By virtue of not reaffirming his name is not on the loan for any liability. His name remains on the deed.
Answered on Jun 06th, 2013 at 1:52 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Before he can buy a new house, the new mortgage company will probably want him to get his name off of the old mortgage and deed. This is done a lot of times through he divorce. If you did not do his,yo can check wit your divorce attorney and she if he or he can help you.
Answered on Jun 04th, 2013 at 8:46 PM