QUESTION

Who owns a house after a Quit Claim/Bankruptcy?

Asked on Sep 15th, 2016 on Bankruptcy - Nevada
More details to this question:
Back in 1988, my ex-wife and I divorced. As part of the divorce settlement, she was awarded the home we had shared. The settlement stated that she was responsible for Mortgage, Taxes, etc. I was ordered to file a Quit Claim Deed on the property relinquishing all rights to the property. In 2009, my ex-wife filed for Bankruptcy which was discharged in 2010. Somewhere around that time, she also moved to another state. Shortly thereafter, the bank started contacting me via mail and phone calls regarding late payments. They state that my name is still on the loan and I am therefore obligated to pay the debt. However, even if I paid off the loan, I still wouldn't have rights to the property, correct? How do I get this issue resolved?
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7 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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You have no rights in the house but you are still liable on the mortgage. First thing to do is speak with a lawyer about whether the statute of limitations has passed for surfing you on the mortgage. Most mortgages are under a 6 year statute of limitations in Ohio. If you can still be sued, the only way out is to file a bankruptcy yourself.
Answered on Oct 12th, 2016 at 7:11 AM

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Meet with an experienced real estate/divorce/bankruptcy attorney.
Answered on Oct 06th, 2016 at 6:07 PM

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Landlord & Tenant Attorney serving Thibodaux, LA at The Louque Law Firm, L.L.C.
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You committed what I consider a cardinal sin when dividing up community property. An agreement between you and your spouse that she is responsible for paying the mortgage is not effective against the mortgage company. The mortgage company can still come after you for payments. They cannot go after your former spouse because she obtained a bankruptcy discharge. Since you gave your former spouse a quit claim deed you do not have a legal claim to the property but still have the obligation to pay for it. I always suggest to my clients the only way to effectively deal with this situation is to force the other spouse to refinance in their name only or to sell the property. An agreement between two spouses that one will pay the mortgage is not worth the paper it is written on in my opinion. You technically have the right to make her pay you back for any amounts you are forced to pay but that means very little in your situation since she can probably never pay you back.
Answered on Oct 06th, 2016 at 6:07 PM

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Bankruptcy Attorney serving Las Vegas, NV
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The quitclaim deed put title to the house in your name, but did not remove your name from the loan. You are still obligated to the mortgage company for the loan. You may either file bankruptcy yourself or pay the obligation and seek redress from the family court.
Answered on Oct 06th, 2016 at 6:06 PM

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Estate Planning Attorney serving Boulder, CO
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Just signing a Quit Claim Deed does not take you off of the Mortgage. You gave away all interest in the property but still had an obligation on the Note under the Mortgage.
Answered on Oct 06th, 2016 at 6:06 PM

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Her bankruptcy DID NOT discharge her obligation to pay the mortgage. You could possibly go back to the family court with a motion to hold her in contempt. You could seek to reopen her bankruptcy case to commence an adversary proceeding to declare that the debt was not discharged. You might possibly sue her civilly for the money. Best of all, consult a lawyer experienced in bankruptcy and divorce. They are not rare, since the two actions often go together.
Answered on Oct 06th, 2016 at 11:02 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Once you Quit Claim property to someone else, you have no right to the property. But you continue to have an obligation to pay the debt. If you pay this debt, it will not give you any ownership right to the property. On the other hand, if you do not voluntarily pay the mortgage, the bank will likely foreclose. In many states, the foreclosure sale will end your obligation to pay the mortgage. Even so, the foreclosure and the late payments are destroying your credit. Why not have an adult conversation with your ex about ways to solve this problem. A real estate or debt settlement attorney might be able to shed some useful light on finding an answer to put money in both your pocket and your ex wife?s pocket, if you will play nicely together.
Answered on Oct 06th, 2016 at 10:58 AM

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