QUESTION

My ex wife discharged the mortgage in ch 7 I filed and reaffirmed she now thinks I need to refinance to get her off mortgage so she can buy a house

Asked on Feb 27th, 2021 on Bankruptcy - New York
More details to this question:
My ex wife filed ch 7 and did not re affirm mortgage therefore it was discharged. I filed and re affirmed. My question is she believes because her name is still on the mortgage I have to refinance so she can buy a home in the future. My understanding is it wouldn’t matter because she discharged the loan so it can’t be used in the future against her as in theory it doesn’t exist and her name is merely just on there. Is this true?
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1 ANSWER

There should be no need for you to refinance.  Secured debt that is not reaffirmed, such as a mortgage, should reflect on your wife's credit report as 'included in bankruptcy' and show a $0 balance, and not drop off her credit for approximately 7-10 years.  She should dispute the reporting online with the credit bureaeus if this is not how it is being reported.  Some companies will delete the reporting all together but that is not required.   Anyone running her credit for the pupose of obtaining a mortgage should understand the non reaffirmed debt reporting and understand that she is not responsible for the debt.  She will likely have to provide a copy of the discharge order and possibly a copy of the petition and Statement of Intent which states her surrender of her interest in the property/mortgage.
Answered on Feb 28th, 2021 at 10:32 AM

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