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User Topic: can he get me off the mortgage while in forclosure?
torn2bits
Member
Member # 28376
Default  Posted: 2:46 PM, November 6th (Wednesday)

I have been out of the house for 2 years. SAWH has been living in the house all this time. Can he legally get me off the mortgage while our house is in forclosure?

He really wants the house. I am certain he is hiding money to pay the back payments.

If he could, would I still be financially obligated for the remainder of the mortgage?

I feel he is trying something behind my back, not that I want the house, be he uses it as leverage with my kids. It has a swimming pool, etc.I am in a 2 bedroom apartment.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
Undefinabl3
Member
Member # 36883
Default  Posted: 3:08 PM, November 6th (Wednesday)

I am sure that smarter people will answer, but the only way I could be taken off the mortgage to the condo was for XH to refiance in just his name only.

Same with my car, the only way to get him off of the title was to refi in my name only.

I am not sure how it works while in forclosure.

Have you called the bank to find out?


Me: 31 MH
Him: 37 MH
New online find 6/19/14 - shit

Posts: 1767 | Registered: Sep 2012
torn2bits
Member
Member # 28376
Default  Posted: 3:48 PM, November 6th (Wednesday)

He definitely has the means to refinance in his own name, but we haven't paid on the mortgage for 3 years and we are being sued by the mortgage company for the back payments.

Also, his credit is very bad because our boat was repo'd and our vacation home was short saled, all in the same year.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
million pieces
Member
Member # 27539
Default  Posted: 4:15 PM, November 6th (Wednesday)

If he has bad credit, then most likely he would not be able to refinance in his name only. Also, you would need to sign something, a Quit Claim Deed for you to give up your rights. I'm pretty sure he can't blindside you on this one. But I would talk to a real estate lawyer to be sure.


Me - 42
2 kids, 9 and 12
D-Day 2/5/10, separated 3 wks later
Divorced 11/15/11!!!!

Posts: 1271 | Registered: Feb 2010 | From: MD
monarchwings
Member
Member # 39891
Default  Posted: 5:21 PM, November 6th (Wednesday)

No bank will take you off the current loan even after the divorce. That loan has to be closed and a new loan taken out. The new lender would require a clean title. That would require him to provide a certified copy of the decree and a notarized quit claim from you. There is something he is supposed to give you but I cannot recall the name.

Posts: 111 | Registered: Jul 2013
Skan
Member
Member # 35812
Default  Posted: 8:07 PM, November 6th (Wednesday)

Be careful if he offers you a Quit Claim deed. Yeah, that makes him "responsible" for the house but it doesn''t get your name off of the title, so if the house is foreclosed on, it''s still your credit history that will suffer and they can still come after you. I signed a quit claim for my Ex (1st H) to get out from under the payments when he couldn''t refinance himself, but ONLY because I knew that he was anal about his credit history and made quite enough money to carry the mortgagee himself. He still owned the house when my FWH and I bought our first house and the former house showed up on my credit history as a liability. They did accept the quit claim and D papers to finance that house, but that was back in the ''90s and I am sure that this would not be the same scenario today. My name didn''t come off of that title until my X sold the house.


Imagine a ship trying to set sail while towing an anchor. Cutting free is not a gift to the anchor. You must release that burden, not because the anchor is worthy, but because the ship is.

D-Day, June 10, 2012



Posts: 4962 | Registered: Jun 2012 | From: So California
I think I can
Member
Member # 17756
Default  Posted: 8:15 PM, November 6th (Wednesday)

A quit claim deed gets you off the title, but you would still be on the mortgage. That would be bad bad bad. You'd have no ownership, no equity, but still owe all the money.


I'm not the winner, I'm the prize.

Posts: 8834 | Registered: Jan 2008
Phoenix1
Member
Member # 38928
Default  Posted: 8:15 PM, November 6th (Wednesday)

XPOS signed a Quit Claim and that removed him, legally, from the title. He has no legal claim to the house whatsoever. However, we still hold a joint mortgage so he is still liable for that until I refinance, which I have no deadline for and have no plans to do any time soon because he destroyed my credit and any refinance will be at a higher interest rate. The mortgage company could care less about a divorce decree where his liability is concerned and won't remove his name until it is refinanced. That debt will remain on his own credit reports as well, which may prevent him from ever purchasing his own home. But with is name off the title, he can't do anything with/to/involving the house itself. He is pissed about being in that position, but I have absolutely no sympathy...


BS - Me
XPOS - too many OW/OCs over 20+yrs
Kids - DDs 23,18 -DS20 Deceased
M Dissolved 2013

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man ~ Shakespeare, Hamlet


Posts: 1206 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
torn2bits
Member
Member # 28376
Default  Posted: 8:38 PM, November 6th (Wednesday)

Oh thank you all so much! I am not signing a Quit Claim. As all of you have stated, it still holds me liable. He seems to think that just because I haven't lived there for 3 years that he can just get me off the mortgage and the foreclosed house is his to do with what he pleases.

I at least have a place for my kids and I to live. I just have a gut feeling that he may be trying to pay all that money back to keep it current.

I think my only option is to file for bankruptcy. We bought all those items together nad he just stopped paying on everything and I could not afford them all and support my kids.

He knew exactly what he was doing. He wanted to ruin my credit right along with his.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
chikastuff
Member
Member # 35288
Default  Posted: 10:21 AM, November 7th (Thursday)

I'm confused, if he pays back the money to bring the mortgage current then the house wont be foreclosed on and your credit is safe (for now). If he wants to stay in the house then he needs to continue to pay the mortgage on time-your credit is still safe.

Why does it matter that he wants the house? I guess I don't see how he's trying to screw you here and keep the house. if it's foreclosed on then he doesn't get the house and both of your credit is damaged. If he pays and keeps the house for his use (which the court has to award), then yes you're still on the mortgage but your credit is safe.

What he needs to do is refinance in his own name-which I believe the court can order him to do, or sell the house. If he pays the mortgage and the house is no longer in foreclosure but he can't refi due to credit then the court can order the house to be sold and the proceeds split.


Me- 32
Happily engaged and moving on

Posts: 382 | Registered: Apr 2012 | From: New England
torn2bits
Member
Member # 28376
Default  Posted: 11:57 AM, November 7th (Thursday)

Chika, I just think he might be trying to scrape up money to bring the mortgage back to a regular state. Its still in foreclosure right now.

I am just saying that the he thinks he can get me off the mortgage for not living there. Both of us have bad credit because we still owe the remainder on the boat. They sent us a letter saying we b oth owe $40k; which is what was left of the loan after they sold it at auction.

I just want this crap to be over.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
realitybites
Member
Member # 6908
Default  Posted: 12:01 PM, November 7th (Thursday)

I agree with the others, take the bull by the horns and call the bank. You are half responsible anyway no matter what way you look at it. This way you will have no doubts as to what he is telling you or not telling you. If it were me and I knew I was half responsible for something I would want to know what is going on.

Trust me if it has been 3 years the bank would have already been sending you both bunches of paperwork and since you are on the paperwork he would need your signature, or the bank would for any legal action. If he is keeping the payments up to date and only TELLING you that it is being foreclosed on then he is trying to pull a fast one.

Get proactiv and get involved. I know it is scary but better to know then not know and get slammed between the eyes. JMO.


Posts: 5685 | Registered: Apr 2005 | From: florida
Nature_Girl
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Member # 32554
Default  Posted: 12:34 PM, November 7th (Thursday)

No bank will take you off the current loan even after the divorce. That loan has to be closed and a new loan taken out. The new lender would require a clean title. That would require him to provide a certified copy of the decree and a notarized quit claim from you. There is something he is supposed to give you but I cannot recall the name.

This isn't entirely true in all situations. I was awarded the house in the divorce. EX will be taken off all documentation and will have no interest or liability. I am not being required to refinance because I could not possibly qualify for any loan. I have no job, have been a SAHM for over a decade, have no financial assets.


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - I DIVORCED HIM, I'M FREE!
http://www.youtube.com/watch?v=RBOJpIwF47Y

Posts: 9856 | Registered: Jun 2011 | From: USA
Brandon808
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Member # 35619
Default  Posted: 12:47 PM, November 7th (Thursday)

I worked in mortgage banking for several years. Divorce decrees can state whatever they want but in the end they cannot compel the bank to change one document relating to the title/deed, mortgage or the note.

With regards to foreclosure if your SAWH does not bring the account current then it won't matter because the bank will take back the house and neither of you will have any ownership interest in the property. The fact that you don't live in the house does not matter. Your name is on the mortgage and occupancy would have be a documented requirement (like with VA secured loans). Even then they couldn't remove your name, just take back the property.

Sounds like your SAWH doesn't have a clue what he's doing if he thinks he can negotiate with the bank to remove your name as part of some arrangement in paying the back payments off.


xBH
D final 8/2012

Posts: 4007 | Registered: May 2012 | From: southeast
Dark Inertia
Member
Member # 30727
Default  Posted: 1:16 PM, November 7th (Thursday)

Nature Girl, you mentioned before that you ex will be taken off thee loan without refinancing. How are they going to do that? I think this information would be useful for other single moms in the same situation.


"If I listened earlier, I wouldn't be here. But that's just the trouble with me. I give myself very good advice, but I very seldom follow it."

Posts: 1294 | Registered: Jan 2011 | From: The Ohio
Nature_Girl
Member
Member # 32554
Default  Posted: 1:46 PM, November 7th (Thursday)

I don't know yet. All I know is that he got all the money and I got the house. There's some kind of legal way this will happen. We discussed with the judge during the trial that I would not be able to refinance, so he awarded me the house outright.


Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011
2013 - I DIVORCED HIM, I'M FREE!
http://www.youtube.com/watch?v=RBOJpIwF47Y

Posts: 9856 | Registered: Jun 2011 | From: USA
Phoenix1
Member
Member # 38928
Default  Posted: 1:57 PM, November 7th (Thursday)

There's some kind of legal way this will happen. We discussed with the judge during the trial that I would not be able to refinance, so he awarded me the house outright.

I would be interested in knowing how this works out as well. I can't refi because he destroyed my credit, and I was also awarded the house in its entirety. It is stipulated in our agreement that our joint mortgage will remain in place until such time as I AM able to refi, with no timetable because Lord only knows when that will be. I called our mortgage company and they confirmed that they will not remove him until I refi, regardless of what is in the decree because a domestic relations judgment is not legally binding on them.

Please share your info with us NG, when you find out yourself!


BS - Me
XPOS - too many OW/OCs over 20+yrs
Kids - DDs 23,18 -DS20 Deceased
M Dissolved 2013

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man ~ Shakespeare, Hamlet


Posts: 1206 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
Brandon808
Member
Member # 35619
Default  Posted: 3:11 PM, November 7th (Thursday)

You don''t need the mortgage company''s permission to do a Quit Claim deed which in my experience was the most common outcome of divorce settlements. The Quit Claim dissolves any legal rights to the property. The obligation to repay the lien (i.e. mortgage) is separate.


xBH
D final 8/2012

Posts: 4007 | Registered: May 2012 | From: southeast
Phoenix1
Member
Member # 38928
Default  Posted: 3:15 PM, November 7th (Thursday)

You don't need the mortgage company's permission to do a Quit Claim deed which in my experience was the most common outcome of divorce settlements.

And this is precisely what we did so he has no legal claim to the property, but he is still liable for the mortgage (along with me) while he is still a joint party. The mortgage company couldn't care less about the Quit Claim or the decree as they won't remove him from the mortgage unless I refi.


BS - Me
XPOS - too many OW/OCs over 20+yrs
Kids - DDs 23,18 -DS20 Deceased
M Dissolved 2013

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man ~ Shakespeare, Hamlet


Posts: 1206 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
Dark Inertia
Member
Member # 30727
Default  Posted: 4:21 PM, November 7th (Thursday)

I don't know yet. All I know is that he got all the money and I got the house. There's some kind of legal way this will happen. We discussed with the judge during the trial that I would not be able to refinance, so he awarded me the house outright.

I guess I am confused how a judge has any authority to remove someone from a mortgage loan. From my understanding it is impossible to remove someone off the loan without refinancing the house. And even if they are able to remove one party without the other it would seem that the bank would want to see that the party remaining on the loan has the means and resources to pay it.

You can be awarded the house outright, but the judge cannot impose on the bank for your ex's name to be removed. Banks do not get involved in domestic situations. That is your own responsibility to take care of. Correct me if I am wrong, because like I said there are so many single moms and dads out there in your situation, and if there is a legal way to do this it would benefit people.

EDIT: And I do understand we are not discussing a quit claim, which although it removes a name from a deed it does not remove their name from the loan.

[This message edited by Dark Inertia at 4:28 PM, November 7th (Thursday)]


"If I listened earlier, I wouldn't be here. But that's just the trouble with me. I give myself very good advice, but I very seldom follow it."

Posts: 1294 | Registered: Jan 2011 | From: The Ohio
torn2bits
Member
Member # 28376
Default  Posted: 5:39 PM, November 7th (Thursday)

First, it would depend if your mortgage is in good standing I think. Mine is in foreclosure and no payments for 3 years.

We are both married to the mortgage until one of us refi's or the house is sold. I refuse to sign the quit claim because if by chance he brings the mortgage back into good standing and the house at some point has equity, I can get some of that money.

If not, and it does get taken by the bank, we are going down together. I asked him to work with me on solutions to save the house for our kids and he refused.

Quit claim gets them out of the house and no legal rights to the house. They are still on the loan.

I would be happy if I was in a house. My kids miss it dearly, but you can see how much he cares about the kids by forcing us out.

Anyway, I think the only way is to set yourself up finacially to refi and that will probably be after most of us recover from the credit crisis divorce gave us.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
Dark Inertia
Member
Member # 30727
Default  Posted: 6:49 PM, November 7th (Thursday)

I just did some searches on the web, and from what everyone says:

No, you cannot refinance while in foreclosure. And no, one's name cannot be removed off the loan without refinancing. So for Nature Girl, it sounds like she was awarded the home, but that would still not remove the ex's liability unless the house is refinanced. There was an article about assuming the loan, but you have to have excellent credit and be able to prove that you can financially afford the loan.

[This message edited by Dark Inertia at 6:52 PM, November 7th (Thursday)]


"If I listened earlier, I wouldn't be here. But that's just the trouble with me. I give myself very good advice, but I very seldom follow it."

Posts: 1294 | Registered: Jan 2011 | From: The Ohio
FirstLoveGone
Member
Member # 25957
Default  Posted: 7:26 PM, November 7th (Thursday)

I was able to remove my XH off the mortgage by assuming the loan. He then signed the quit claim deed so that I am the sole owner.

The loan and deed are two different things. And you can have one without the other. But that puts one in either a precarious or advantageous position (depending on which you have).

I would call the bank to find out what's going on.


Posts: 1274 | Registered: Oct 2009
Eranda
Member
Member # 6010
Default  Posted: 9:26 PM, November 7th (Thursday)

If you are awarded a house in a divorce I believe it just means you are awarded sole possession of the house- meaning that you are the only one who can live in it. His name remains on the mortgage and most likely, the deed unless he signs a Quit Claim- which he would be insane to do while still financially responsible for the mortgage.

There is no way to remove someone from a mortgage loan without refinancing in your own name.


My Blog: http://allofthewaystohell.com/

Posts: 4229 | Registered: Dec 2004 | From: eastern PA
EasyDoesIt
Member
Member # 29514
Default  Posted: 10:11 PM, November 7th (Thursday)

No. The only one way to get off of a loan is for the loan to be paid off and refinanced. You can get your name off of the deed with no problem, but the deed isn't the mortgage. The mortgage SECURES the deed and you're probably jointly and severally liable for the note. That means that if he defaults, YOU will be responsible.

A judge can only take you off of the title/deed via a divorce decree and Quit Claim Deed.

The loan has to be refinanced in his name only and it's unlikely for that to happen while in foreclosure.


Anything less than full disclosure and total transparency is pure bullshit. WARNING! No emotional pollution allowed.

Posts: 3698 | Registered: Sep 2010 | From: Georgia
crisp
Member
Member # 34236
Default  Posted: 7:11 AM, November 8th (Friday)

Title to the property can be resolved by deed or by decree recorded in the land records. As many have stated, cleaning up the title does not resolve the debt obligation. Unless the bank is a party to the court case, it is not bound by any decree in that court action.

On the ability to get the EX off the debt obligation, it all depends on the mortgage holder. In the many years I spent as bank counsel and private attorney, this has come up frequently. Some (now most) require a total refinance. This is so because of the F-ed up nature of the secondary market where no one is in a position to make decisions and it is hard to even find out who actually owns the mortgage. If the loan is held "in-house" by a reasonable bank, the "assumption" route is definitely a possibility. The remaining borrower would have to satisfy the lender's credit underwriting criteria on a stand alone basis.

For you single moms out there who want to do an assumption and have good credit and the financial capacity the do it, ask your lawyer about the Equal Opportunity Credit Act and Reg. B. Banks and lenders are required to entertain loan request without regard to marital status and must give you something called an "Adverse Action letter" in the event the deny a request that specifies the reason for the denial. Food for thought.


Endeavor to persevere. https://www.youtube.com/watch?v=csEzTwKemwY

Posts: 425 | Registered: Dec 2011 | From: NE US
homewrecked2011
Member
Member # 34678
Default  Posted: 2:40 PM, November 8th (Friday)

torn2bits

When I went to see a bankruptcy atty it really helped me to see what I could/could not do.

He was going to get the bankruptcy where I would make monthly payments that would include the arrears on the house.


Keep Calm and Happy On!

me BS 52
him - 46
married 15 years DIVORCED 10 31 12
children - ds15 ds12
d-day 12-19-11
I gave a 24hour ultimatum then went to attorney next day
Divorce filed


Posts: 2256 | Registered: Jan 2012
crisp
Member
Member # 34236
Default  Posted: 6:09 PM, November 8th (Friday)

The bankruptcy Homewrecked is referring is a Chapter 13 reorganization. Your situation is different in that you are not seeking to keep the house. A chapter 13 would be something your STBX might consider if he wants to keep the house. You might need a Chapter 7 filing--just to clean up the mess. It is worth an initial consultation, especially since they are generally free.


Endeavor to persevere. https://www.youtube.com/watch?v=csEzTwKemwY

Posts: 425 | Registered: Dec 2011 | From: NE US
torn2bits
Member
Member # 28376
Default  Posted: 8:54 PM, November 8th (Friday)

Thanks guys! I am going to have to file for bankruptcy no matter what. He screwed up my credit so bad by stopping all payments. SAWH did just to ruin my credit. He didn't care if he ruined his along the way, jerk.

He thinks he gets everything and I will be destitute. Like I did something to him!

Anyway,he wants me to file bankruptcy first so that I can take whatever joint debt we have on my bankruptcy. I told him to blow out his ...."

I already told the man that I don't want to be married to him anymore, but this all about money.

Arghh! I can just feel that he is hiding something from me. I already called the bank and they just say its in foreclosure.

I will just have to wait and see.


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
Dark Inertia
Member
Member # 30727
Default  Posted: 10:50 PM, November 8th (Friday)

Anyway,he wants me to file bankruptcy first so that I can take whatever joint debt we have on my bankruptcy. I told him to blow out his ...."


Uuuhhh... he does realize that if you file BK first that the joint debt will just be transferred over to his name fully and the banks will start calling him? I saw this all the time working in credit cards:

Mr and Mrs. Smith get a divorce. Mr Smith agrees in the divorce to pay all the joint debt. He files BK. Creditors start calling Mrs. Smith for the debt.

Here is an article on how it works that better explains it:

http://www.mint.com/blog/credit/what-happens-to-my-debt-if-my-spouse-files-for-bankruptcy-0413/

The Bad News

If you have a joint debt with a spouse and that spouse decides to file for bankruptcy you are going to be unwillingly dragged into the mess, and not in a good way.

Just because your spouse has discharged his debts doesn’t mean that the debt disappears. When you decided to become jointly liable for the debt you made a commitment to act as a liable party, which is why I don’t recommend co-signing for anything for anyone.

When your spouse files for bankruptcy protection from his creditors they will no longer be legally allowed to attempt to collect the debt…from him.

If they do continue to send bills, call him asking for payment or worse, hire a collection agency to collect the debt, then they’re likely violating the rules set forth by the U.S Bankruptcy code.

They will, however, be able to continue to pursue you for payment of the debts. If your husband filed an individual bankruptcy the legal protection from creditors only applies to him, not to you.

Your creditors, and yes they are your creditors as well, will undoubtedly continue to pursue you for payment on the debt. This can include negative credit reporting and aggressive collection activities.

Personally I think it would be better if you filed first, and left him with the debt.

[This message edited by Dark Inertia at 10:54 PM, November 8th (Friday)]


"If I listened earlier, I wouldn't be here. But that's just the trouble with me. I give myself very good advice, but I very seldom follow it."

Posts: 1294 | Registered: Jan 2011 | From: The Ohio
crisp
Member
Member # 34236
Default  Posted: 5:00 AM, November 9th (Saturday)

Dark is correct and her advice as to just file and get it done sounds like good advice. He does not benefit from you filing unless for some reason you file a Chapter 13. There is an automatic stay against collection on co-debtors in a Chapter 13. You have not provided any facts that would justify a Chapter 13 filing, so it is a non-issue.


Endeavor to persevere. https://www.youtube.com/watch?v=csEzTwKemwY

Posts: 425 | Registered: Dec 2011 | From: NE US
torn2bits
Member
Member # 28376
Default  Posted: 6:26 AM, November 9th (Saturday)

You mean that if I file before him, they can still go after him for the joint debt? This is classic!
He ruined all my chances to purchase a house anytime in the next 5 years.

The creditors have not called me yet for the remainder on the boat. We have 2 credit cards thatare joint. This could be what he is doing behind my back.

Now, o wise ones, how would this impact the foreclosure on the house if I filed for bankruptcy and he did not?


Me: 44/WH (SA): 49
M: 24 years 3 kids over 10 yrs old
EA/ PA Dec. 2009 -Divorce pending

Posts: 1240 | Registered: Apr 2010 | From: Midwest
crisp
Member
Member # 34236
Default  Posted: 7:52 AM, November 9th (Saturday)

It would slow down the foreclosure for a little bit because of the automatic stay that comes into effect once you file. The bank would have to either wait until the house is abandoned by the bankruptcy estate/trustee or they obtain a relief from the stay.

Talk to a local bankruptcy attorney. The initial consultation is usually free and they will give you a checklist of all the things you will need to gather in order to file. You also probably have to do a credit counseling mumbo-jumbo before you file. The attorney will let you know all of that. Good luck.

[This message edited by crisp at 9:01 AM, November 9th (Saturday)]


Endeavor to persevere. https://www.youtube.com/watch?v=csEzTwKemwY

Posts: 425 | Registered: Dec 2011 | From: NE US
Dark Inertia
Member
Member # 30727
Default  Posted: 12:00 PM, November 9th (Saturday)

You mean that if I file before him, they can still go after him for the joint debt? This is classic!

It is not a matter of they can go after him, it is a matter of they will go after him. Personally I think you do yourself no favors holding off on filing for BK, especially if you are wanting to buy a house down the road.

I am an advocate for bankruptcies as long as all other means have been exhausted. I would advise anyone who is seriously considering BK to do the research, weigh the pros and cons, and go do some free credit counseling. I don't think of a bankruptcy as a mark of shame, but a business decision that sometimes one finds themselves having to make.

How much debt are you talking here besides the house? If he is using a joint credit card for his personal needs that is all the more reason to cut that shit out.

If you know for a fact that you are going to file bankruptcy stop making payments on things now (if you haven't already). No more payments to credit cards, boat or car loans, mortgage, etc. That is money that is being thrown away and better used somewhere else.

There is a very good bankruptcy forum out on the interwebz, which offers a lot of good advice by professionals as well as people in your own situation. If you have no assets and want out from the debt (which sounds like is what you want, considering your original post) then a Chapter 7 would probably be an option for you. I would shop around for attorneys. A no asset BK can run you about $1500-2000, which is actually a pretty good price for the peace of mind.

[This message edited by Dark Inertia at 12:02 PM, November 9th (Saturday)]


"If I listened earlier, I wouldn't be here. But that's just the trouble with me. I give myself very good advice, but I very seldom follow it."

Posts: 1294 | Registered: Jan 2011 | From: The Ohio
EasyDoesIt
Member
Member # 29514
Default  Posted: 12:28 PM, November 9th (Saturday)

DO NOT declare in writing that you are willing to file for bankruptcy. This is one of those situations where you just talk about it and leave no written record.


Anything less than full disclosure and total transparency is pure bullshit. WARNING! No emotional pollution allowed.

Posts: 3698 | Registered: Sep 2010 | From: Georgia
homewrecked2011
Member
Member # 34678
Default  Posted: 6:50 AM, November 10th (Sunday)

This is really a good time to file bankruptcy, as you will be able to say on your future financial dealings that you filed due to your divorce...

How much you pay in your bankruptcy case depends on how much you bring home each month, I believe.

1) Look up any bankruptcy attys name today.

2) Make the call tomorrow, get the appt, just go see them for free, it will stop all the what ifs because you will now KNOW what is in store for you.

3) Find out if you owe anything to the IRS.


Keep Calm and Happy On!

me BS 52
him - 46
married 15 years DIVORCED 10 31 12
children - ds15 ds12
d-day 12-19-11
I gave a 24hour ultimatum then went to attorney next day
Divorce filed


Posts: 2256 | Registered: Jan 2012
homewrecked2011
Member
Member # 34678
Default  Posted: 6:53 AM, November 10th (Sunday)

If he wants you to file bankrupcty now,,, this might be a reason:

Were you still married during 2013?

My friend filed bankruptcy and she is not getting her IRS refund check due to the bankruptcy.


Keep Calm and Happy On!

me BS 52
him - 46
married 15 years DIVORCED 10 31 12
children - ds15 ds12
d-day 12-19-11
I gave a 24hour ultimatum then went to attorney next day
Divorce filed


Posts: 2256 | Registered: Jan 2012
Dark Inertia
Member
Member # 30727
Default  Posted: 1:10 PM, November 10th (Sunday)

Well, from what Torn said it sounded like he wanted her to file for BK because he thinks that if she claims all of the joint debts he will not be liable for it.

Anyway,he wants me to file bankruptcy first so that I can take whatever joint debt we have on my bankruptcy.

Little does he know. If she files BK the debt will be transferred solely to him. He would either have to pay it off or file for BK himself to get out from under the debt.

If only it works the way he thinks it does. It would save a lot of people some trouble... the bank wants to get theirs, no matter the circumstances.


"If I listened earlier, I wouldn't be here. But that's just the trouble with me. I give myself very good advice, but I very seldom follow it."

Posts: 1294 | Registered: Jan 2011 | From: The Ohio
Topic Posts: 38