If your husband was given a chapter 7 bankruptcy discharge, which discharge the mortgage on the home you're living in, then even though he has been voluntarily paying the mortgage, he is under no obligation to pay the mortgage. So as long as you determine that the debt was discharged in bankruptcy, stop paying the mortgage. Stay in the home as long as the bank will allow you before they foreclose and sell the property, save the money you are putting towards mortgage to be used towards the down payment of a new home. Once they foreclose on you you will have to move out, but is no reason for you to move out until then. Even though you've been paying the mortgage voluntarily this does not change the fact that you are under no obligation to pay the mortgage and can leave whenever you want.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. 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.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on May 07th, 2014 at 1:03 PM