QUESTION

what can I expect from my ex filing for bankruptcy while the mortgage for the primary home is in his name solely and the property was awarded to me

Asked on Feb 11th, 2013 on Bankruptcy - Florida
More details to this question:
I cannot refinance due to bad credit acquired through the divorce. I am fearful of losing my home since the bank will not speak with me because I am not authorized on the account. The courts ordered him to do a letter of authorization which he has not complied with. I cannot afford an attorney. help
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1 ANSWER

Estate Planning Attorney serving Fort Myers, FL
2 Awards
If no one successfully objects to the discharge of the home related debt and your former husband receives a discharge of this debt in bankruptcy, then your husband will no longer be responsible for the mortgage and the bank will be entitled to foreclose on the property. You may wish to object to the discharge depending upon the wording of your divorce agreement. You would need to prove that the debt is non-dischargeable as part of a domestic support obligation. The bankruptcy judge would make a final ruling as to the dischargeability of the debt. However, if you former husband has filed for bankruptcy, he may be unable to make the payments regardless of the judge's decision and the bank would be entitled to foreclose on the home if the payments are not made on time.  You would most likely need to obtain the help of a bankruptcy attorney to file the objection in Federal Court. Jess W. Levins, Esq.
Answered on Feb 19th, 2013 at 10:24 AM

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