QUESTION

Will I lose my house if my ex is going bankrupt?

Asked on Oct 25th, 2012 on Bankruptcy - Colorado
More details to this question:
My ex-partner (joint mortgage) left over three years ago and hasn't paid a penny since. However, the mortgage company won't remove him even though he has given permission. I cannot get another mortgage because the house has devalued (70-80k). The mortgage outstanding is $94.000. He is now threatened to go bankrupt and told me this will result in my losing the property. Is this so? Do I not have any legal rights considering he hasn't paid anything?
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10 ANSWERS

Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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You won't lose your house if your ex partner files bankruptcy as long as you are keeping the payments current. Your bigger problem is (bankruptcy or no bankruptcy) getting a quit claim deed from your ex. If your ex is on the mortgage more than likely your ex is also on the deed to the house. I would get a copy of the deed to the house from your county register of deeds office to see how the house is deeded.
Answered on Oct 28th, 2012 at 2:47 AM

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Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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As long as you can still make the mortgage payments, And his ownership interest is exempt, you should be able to keep the property. With $94K in debt and only $80K in value, I can't see why you wouldn't be able to keep the property.
Answered on Oct 28th, 2012 at 2:46 AM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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So long as the mortgage is paid you will not lose the house. I hope this helps.
Answered on Oct 26th, 2012 at 3:27 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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If the value of the home of the is less than the balance of mortgage and the mortgage is properly perfected(recorded) then the chapter 7 trustee will not take your home.
Answered on Oct 26th, 2012 at 3:27 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You will not lose your home just because your ex files bankruptcy for several reasons, as long as you continue to pay the mortgage. The primary reason you will be able to keep your home is because selling it would produce no benefit for your ex's creditors. If you haven't had your ex sign the title to the house over to you before now, now would not be a good time to have him do this. Wait until after his bankruptcy is completed. If there is a court order requiring that your ex sign over the title to you, and he hasn't done so, you may want to return to the court to enforce this order once his bankruptcy is completed.
Answered on Oct 26th, 2012 at 3:25 PM

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Probate and Estate Planning Attorney serving Harrison, MI at David T. McAndrew, Attorney at Law
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First, your home is a 'secured' asset, and what controls the repossession is not the bankruptcy, but whether you have maintained your payments on the property. If you purchased this jointly with your partner, then what's important is not who makes the payments, but whether the payments were made. I presume that you have been making the full payments, since your deadbeat partner has not contributed. As long as you are current, then the mortgagee can not take the property back. The bank has no obligation to release the deadbeat, even with your approval. You both are jointly and severally liable for these payments. If they are not made, then they can repossess regardless of bankruptcy. However, if he goes through bankruptcy, and is discharged, his obligation to contribute is excused, but, you have the right to maintain the payments independently and keep the property. Then, with him legally off the mortgage, maybe the bank will reassess your position. You should be listed on his bankruptcy as a co debtor, and could try to challenge his dismissal, however, it would most likely be a waste of your time. Move ahead without him, it sounds like your better off without him in your life or on your mortgage.
Answered on Oct 26th, 2012 at 3:25 PM

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Securities Attorney serving Rochester, MI at Olson Law Firm
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No. You will not lose the house. At least, you will not lose it because of the bankruptcy. You have the right to continue making your mortgage payments. As long as the payments are current (that is, you are not in default), then the mortgage company cannot take any other action.
Answered on Oct 26th, 2012 at 3:23 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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If you are on the Deed and the Mtg, then you have legal and equitable rights. Get yourself competent bankruptcy counsel.
Answered on Oct 26th, 2012 at 3:23 PM

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Daniel James Wilson
What a mess! Unfortunately I see this problem frequently. I'll do what I can. Mortgage lender will not remove your ex from title or note. Why should they? It gives them another person to go after in case of default. But you have been paying the mortgage. So long as payments are made the lender will not foreclose, so what your ex is telling you is not correct. His BK will release HIM from liability on the note. Your real problem is that if you make payments and as market recovers you will eventually have some equity. How to get him off the title is a problem that I have no answer to. You might want to consult some attorneys in your jurisdiction.
Answered on Oct 26th, 2012 at 3:22 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If he goes bankrupt, his liability for the note will be extinguished, assuming that he is discharged. You, as a joint debts or will continue to have your obligations and it is extremely doubtful that as long as you are paying on a timely basis and in full that the mortgage company will seek to foreclose. Your actual rights and obligations will be found in the mortgage documents and promissory note which you signed.
Answered on Oct 26th, 2012 at 3:22 PM

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