More details to this question:
My husband and I divorce in July of 2010, I gave him the house in the Divorce Decree and he was to assume all responsibility for the loan. He was about to get foreclosed on, instead he did a mortgage modification. I didn't sign any paperwork agreeing to the mortgage modification. I'm still considered a co-borrower (I didn't find this out until a few weeks ago). I filed for bankruptcy and it was discharged in October 2011 (I'm STILL on his mortgage and they won't take my name off the mortgage because he still lives there). My ex-husband filed for bankruptcy this year and it was discharged November 2012. What happens.. PNC Mortgage says I'm still liable for the mortgage... and now that he has been discharged they are probably going to come after me. 1st Thing.. My bankruptcy was discharged over a year ago 2nd Thing.. Two years ago they did a mortgage modification without my knowledge or permission and completely changed the terms of the loan and loan amount. Did PNC break the law when they did the modification without me (the co-borrowers permission) Since we both filed for bankruptcy. How do I get my name off the stinking loan?
8 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Question is a bit too complex to be able to answer in this forum. Take all of the various paperwork, notices, bankruptcy discharges etc. to an attorney, provide him or her the details and hopefully you will receive a firm opinion.
Answered on May 23rd, 2013 at 10:28 PM
William H. Von Willer
If you listed the mortgage in the bankruptcy and did not reaffirm, you are not responsible for the loan, however, your name will remain on the mortgage.
Answered on Dec 17th, 2012 at 3:33 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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First place do not take legal advice from the lender trying to collect a debt. Second, if you listed this lender in your bankruptcy then the debt was discharged. That means the lender cannot sue you unless you signed a new contract (reaffirmation agreement). Third, just because you listed the debt and it was discharged does not mean that you name was removed from the title or the loan. Title reflects who owns the property, debt reflects who signed for the loan. I hope this helps.
Answered on Dec 17th, 2012 at 3:30 AM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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If you received a discharge of your debts, listed this loan on your schedules with a good mailing address and they did not successfully sue you to make this debt non-dischargeable, you should not be liable at all and can stop worrying.
Answered on Dec 14th, 2012 at 10:57 PM
You can't get your name off of a loan you co-signed unless the loan is refinanced. Sorry to hear you have had to learn the hard way about the many problems with co-signing a loan.
Answered on Dec 14th, 2012 at 9:30 PM
Bankruptcy Chapter 7 Attorney serving Akron, OH
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Alexander R. Folk, Attorney at Law
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WHY ARE YOU POSTING QUESTIONS ON THIS SITE. CALL YOUR BANKRUPTCY COUNSEL AND TELL HIM/HER WHAT IS GOING ON!!! You are not liable on any debt associated with the house so long as you listed in your bankruptcy petition.
Answered on Dec 14th, 2012 at 8:53 PM
Richard hirsh
There are bankruptcy and foreclosure issues that you raise. I assume that you listed PNC as a creditor in your bankruptcy. However even if you inadvertently did not, now that you have told them you filed, they are apparently violating the provisions of ?524 of the Bankruptcy Code. You might be entitled to recover sanctions in the bankruptcy court if they attempt to recover on that loan. Without knowing all the terms of his loan modification, it is difficult to analyze the situation. However, in my experience, banks usually do not modify a mortgage loan without all parties involved getting "on board." The most direct approach would be to seek sanctions in the bankruptcy court.
Answered on Dec 14th, 2012 at 3:41 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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If you got a discharge in your bankruptcy case, the bank cannothold you liable. If they continue to contact you or report on your credit, you need to tell them to stop because it was discharged. If they continue hire a lawyer to sue them for unfair debt collection.
Answered on Dec 14th, 2012 at 2:36 PM