QUESTION

My wife and I divorced then she filed bakrupcy. I kept the house but now the bank wont refinance, how do I get around this?

Asked on Aug 07th, 2012 on Bankruptcy - Missouri
More details to this question:
After my wife and I divorced she decided she needed to file for bankupcy. However, during our divorce we both stayed on the house mortgage even though I received the house. We had planned on sellgin it and splitting the profit but we couldnt and I assumed the house and all of the payments which I have been for the past 3 years. Now I need to refinance because my 7 year balloon mortgage is due. The problem is that the bank wont refinance me because my ex is still on the mortgage and currently in bankrupcy. The response the title company gave me was tha I can¿t sell or refinance with any open law suits or bankruptcies because the outcome of the court rulings might affect the property. I am not in Bankrupy and neither is my house. Is there any way I can remove her from the mortgage and refiinance my house?
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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I don't think "removing" her from the mortgage is either the issue or the solution.  The key is how title to the property is held.  You say you "received" the house.  What exactly does that mean?  Was title transferred to you?  If so, when was the transfer recorded?  If it was within the statute of limitations periods for bringing a fraudulent transfer action under the laws of your state (usually four years from the date of transfer, but every state is different), then there could be a basis to undo the transfer.   I doubt, however, that is what the title company is concerned about.  This is an issue that is really more complicated than can be dealt with in an online forum.  You need to have a consultation with a bankruptcy attorney, and probably a real estate attorney in your area to unravel this.  There's not enough information to fully respond to your question.   Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr
Answered on Aug 07th, 2012 at 10:08 PM

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