Can I file bankruptcy on the house so that I can take my name off the mortgage? 24 Answers as of June 14, 2013

My ex-husband was supposed to refinance our house into his name and pay me half the equity in the divorce settlement. He was never able to refinance and my name is still on the loan. He has not made a payment on the house in over two years. This has ruined my credit and continues to ruin it. I would like to know if I can file bankruptcy on the house so I can get my name off of the mortgage?

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Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
You would discharge the debt on the mortgage if you filed bankruptcy.
Answer Applies to: Florida
Replied: 6/12/2012
Attorney At Law | Harry D. Roth
You have no personal liability for the house note now. The only thing the lender can do is report to the credit bureaus and foreclose. You don't need to file bankruptcy and bankruptcy will hurt your credit even more than it already has been hurt. Filing bankruptcy will not take your name off the credit and you don't need a bankruptcy to stop the bank from collecting money from you. You need to go back and look hard at the final order from the divorce court. See exactly what it says about the house equity and your money. If the order says that Husband gets the house and Husband has to pay Wife $XXXX, he still owes you $XXXX. If the order says half the equity in the house, then half of nothing is nothing and that's what you get. If there is still equity in the house after 2 years of no payments and this market, then you should go back to the divorce court and ask the judge to kick him out of the house, put you in charge of the house so you can sell the house.
Answer Applies to: California
Replied: 6/7/2012
Alvin Lundgren | Alvin Lundgren
You can file bankruptcy to avoid the mortgage, but it may not be the best solution. Consider some of the following: 1. File and order to show cause why your ex should not be held in contempt of court for his failure to pay the mortgage. 2. Contact all 3 major credit bureaus and file a letter of explanation regarding the mortgage.
Answer Applies to: Utah
Replied: 6/7/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Bankruptcy will relieve you of the personal liability on the loan. You will still own it however until it is foreclosed.
Answer Applies to: California
Replied: 6/7/2012
The Needleman Law Office | Scott Needleman
Yes.
Answer Applies to: Ohio
Replied: 6/14/2013
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    If the only reason you have to file bankruptcy is to remove your name from the house there are some things you should know. Filing bankruptcy does not remove your name from house. Foreclosure would be the normal way to get your name off the house. It is better to let the house be foreclosed than to file bankruptcy and then have the house foreclosed.
    Answer Applies to: California
    Replied: 6/7/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Your name will not be off the mortgage. It will be off the debt created by the promissory note.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Olson Law Firm | Edward M Olson
    Any petition in bankruptcy includes all your assets and liabilities. If you obtain a discharge, the lender would be prohibited from taking any action to collect the debt from you. However, the terms of the agreement do not change. Your name is still on the mortgage, the lender is just prohibited from taking action against you.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Steven Alpers | Steven Alpers
    Bankruptcy will not get your name off of the debt. They can't come after you because a house is secured by the land. Can you refi and get your husband off? You might be able to get the finance company to make a deal with you. You could then deduct money from his share of the house, if any equity is left.
    Answer Applies to: California
    Replied: 6/7/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    BK will discharge your personal debtthe promissory note. Your name will stay on the mortgage until house is sold at foreclosure sale.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Unfortunately, a bankruptcy does not remove your name from any obligation, it just prohibits the creditor from suing you for payment. By way of a quit claim you can deed your title to your ex-husband that way your name is off the title, but will not be removed from the debt. If you were represented by a divorce attorney you should talk to them before going down the quit claim path. You can file a dispute with the credit reporting companies to explain your situation. I wish I had been news for you.
    Answer Applies to: Arizona
    Replied: 6/7/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can file a bankruptcy but that does not remove the name off the mortgage. It would release you from personal liability. But the loan would still be in your name and the credit history would be reported on your credit report.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Your filing cannot remove you from the existing loan, however it will result in you no longer being liable for payment on that debt (and could get the bank to move forward on foreclosure).
    Answer Applies to: California
    Replied: 6/7/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You can file for bankruptcy and surrender the house to the bank, but that will also have a negative effect your credit.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have a number of options, both in the domestic relations court and, if necessary, bankruptcy. You should explain your full situation to an attorney in order to receive firm advise. Bankruptcy may, or may NOT be, your best solution.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can file a bankruptcy so that you are no longer liable for the mortgage payments but you can not be removed from the mortgage or deed without a sale or refinance of the home.
    Answer Applies to: New York
    Replied: 6/7/2012
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    In response, to your question, depending on your income, you should be able to eliminate your liability to the mortgage company.
    Answer Applies to: Georgia
    Replied: 6/6/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes you can file bankruptcy and get the mortgage indebtedness discharged, but you must list all of your creditors. Your name would not come off the mortgage, but the debt would be forgiven. You cannot file bankruptcy just to get out of one debt, you file to get out of all of your debt. You can choose to reaffirm a debt, like a car loan or a credit card, but those debts are then not forgiven, and you can be sued if you later fail to pay.
    Answer Applies to: Florida
    Replied: 6/6/2012
    The Stockman Law Office | Mary Stockman Esq.
    You would no longer be liable for the mortgage payment if it is listed in a bk proceeding as an debt that you are not willing to reaffirm.
    Answer Applies to: Florida
    Replied: 6/6/2012
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    If the home has equity and he was ordered to pay you that through the divorce, it seems it may make more sense to go through the divorce court and have the house ordered to be sold, which would satisfy the loan and get you the equity you are owed.
    Answer Applies to: California
    Replied: 6/6/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    If you were to file bankruptcy, then you would in effect achieve what you are looking to do. It doesn't literally erase your name from the mortgage or take away any ownership rights you may have, but it would prevent them from collecting on you and cause the mortgage to reflect as discharged so it would not continue to ruin your credit and you could start to rebuild your credit score.
    Answer Applies to: Arkansas
    Replied: 6/6/2012
    Bereliani Law Firm | Sanaz Sarah Bereliani
    Filing bankruptcy will not technically take your name off of the loan, but it will take away your legal obligation on the debt if the house gets foreclosed and there is potentially a deficiency balance owed. It may help your credit because they will not continue to report on there and you can clear off your debt and get a fresh start now that you're divorced.
    Answer Applies to: California
    Replied: 6/6/2012
    Milton Acevedo, Esq.
    Milton Acevedo, Esq. | Milton Acevedo, Esq.
    While filing bankruptcy will relieve you from the amount owed on the mortgage, it will damage your credit for some time. You may believe your credit is already damaged. A short answer to your question is yes. Filing for Chapter 7 Bankruptcy relief will relieve you from liability for the mortgage debt. There is more to this, so please do not construe this answer as all inclusive. Consult an attorney to discuss this further.
    Answer Applies to: Florida
    Replied: 6/6/2012
    Kelly Nigohosian | Kelly Nigohosian
    Yes. You may file bankruptcy to discharge all legal obligations you have excluding most student loans, and most taxes. However, keep in mind, some mortgages are non recourse. Meaning, they do not go after the borrower, or the co-signer. Just check to make sure you are not wasting the filing of a bankruptcy if that is the only creditor you have. In many instances, the house goes into foreclosure if not paid, and the first mortgage gets satisfied at the sale. In those cases, the mortgage company will likely have no reason, or cause to pursue the debtor. A closer look at the mortgage documents will reveal more information so that I can answer the question in more detail.
    Answer Applies to: Michigan
    Replied: 6/6/2012
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