QUESTION

If my divorce decree says that my Ex is responsible for the debt of the second mortgage, can the credit union sue me for half?

Asked on Jan 16th, 2012 on Bankruptcy - Minnesota
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2 ANSWERS

William/J Joanis
Absolutely.  The Credit Union can not have its rights changed in a customer's divorce. Your recourse is against your spouse.  You need to enforce the divorce decree.  
Answered on Jan 22nd, 2012 at 1:10 PM

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Bankruptcy Attorney serving Burbank, CA
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Assuming that the credit union you refer to is the holder of the second mortgage, they can take whatever actions they are allowed under your state's laws to take their collateral assuming payments are not made to them.  Usually this is foreclosure.  If there is a deficiency amount owed after the foreclosure (or other) sale, they can sue you for that amount.  Your divorce decree does not affect your creditors at all.  It is a decree between you and your ex and only affects what you owe each other.   It does not, and cannot, affect contractual relationships with third parties.   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr
Answered on Jan 16th, 2012 at 3:34 PM

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