QUESTION
Hi, I recently went through a divorce and my ex was suppose to pay the house notes with the alimony I provided. She did not pay them.
Asked on Jul 26th, 2011 on Bankruptcy - Louisiana
More details to this question:
& the notes have been delinquent since 10/2010. We tried to refinance to avoid foreclosure, but the company we went used to refinance didn't send the paperwork on time to Bank of America; BOA pursued foreclosure. I have spent hours on the phone with BOA trying to find out options. I pursued deed in lieu because one rep. at BOA stated that I was eligible. 2 weeks later when I called back, another rep. from BOA stated that I was not eligible bc the house had not been up for sale with a real estate agent. a for sale sign has been up since January. I had no rights to the property until 6/1/11 because my ex and kids were living there. a buyer for a short sale offered 150k and we owe 186k. The short sale is underway, but BOA sent me a notice that all paperwork for short sale is due today or they wil not even look at the ss offer. The house is set to be auctioned on 8/24/11. My ex. already stated that she can not afford to repay any debt so she will file for bankruptcy. what are my rights?
1 ANSWER
Personal Injury Attorney serving Fall River, MA
at
Botelho & Associates, LLC
Update Your Profile
"What are my rights" is simply vague of a question, please be more specific as to what you're asking. In this case your wife seems to be filing chapter 7 bankruptcy and will be discharged from owing anything on the mortgage. Once she has completed filing chapter 7 bankruptcy, anything still owed on the mortgage in question will fall completely on your shoulders. If in your divorce decree, your wife was supposed to pay the mortgage as you stated, and failed to discharge her divorce obligations under chapter 7 bankruptcy, you could possibly have legal grounds to sue her based on this. I would certainly wait until her chapter 7 discharge had happened prior to filing any lawsuit against her, as long as the statute of limitations is not in question. If you cannot afford the $36,000 difference between what is owed and the short sale price, it is always your right to file chapter 7 bankruptcy or chapter 13 bankruptcy, depending on your particular financial situation.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. 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 & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com
126 Shove Street Unit 202 Fall River, MA 02724
Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147
Twitter
Facebook
Answered on Mar 01st, 2012 at 12:48 PM