QUESTION

Can my husband's ex-spouse fight the surender of a home mortgaged in his name?

Asked on Nov 05th, 2014 on Bankruptcy - Missouri
More details to this question:
My husband is filing bankruptcy. He has the debt of a mortgage on the house his ex-spouse resides in. He quit claimed the deed to her but she never refinanced. She is often more than 30 days late on the mortgage and the house is underwater. Can she stop him from discharging this debt?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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No, your husband's ex-spouse cannot fight him discharging the mortgage from his bankruptcy. She should have refinanced by now, which is the usual course of action in a divorce when the house is given to a single person. Also just because he discharges the debt in bankruptcy, the not mean she will lose the house. If she continues to make the normal monthly payments, she will be able to keep the house. Bankruptcy only discharge is the obligation to pay a debt, if you continue to make payments on that debt they will not repossess the collateral that secures the debt, in this situation a home. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://massachusettslawyeronline.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes
Answered on Nov 19th, 2014 at 10:59 AM

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