During Bankruptcy can I petition the court to remove my name from a mortgage? 20 Answers as of August 26, 2011I was forced to sign a quit claim deed in my divorce decree. My ex and I had an agreement through email traffic prior to filing the divorce that she would refinance if I signed. I have several other debts equaling roughly 35-40,000 dollars and plan to file chapter 7. I know it will release me from financial liability but I am looking to have it removed from my credit since it is killing my debt to income ratio. Any suggestions? Can I possibly sue her for breach of contract or something to that effect or just stick with the chapter 7? I can't really afford an attorney.
Ross Smith, Attorney at Law | Charles Ross Smith III
I worry when people say that they can't afford an attorney. Because that usually means that they need an attorney very badly. There are lots of knowledgeable bankruptcy attorneys that do not charge for the initial consultation. So here's the answer on mortgage liability. If you file a Chapter 7 bankruptcy, it will discharge all of your credit card and mortgage debt. It will then show on your credit reports as "Discharged in bankruptcy." That's a huge improvement. Your credit will improve rapidly after the bankruptcy. Don't waste your time and money suing your brke down Ex. Instead file a Chapter 7 bankruptcy and get a fresh start. Good luck. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.
Answer Applies to: Ohio
Burnham & Associates | Stephanie K. Burnham
Sticking with the Chapter 7 is your best bet at this time. A Divorce Decree is a Judgment between you and your ex-spouse. While you can file a lawsuit or contempt against your ex, you can't use it to force the mortgage company to remove you.
Answer Applies to: New Hampshire
Bird & VanDyke, Inc. | David VanDyke
The number 1 issue is you cannot afford NOT to hire an attorney for your bankruptcy case. When you file you can list the mortgage as a debt and the loan will be discharged and will not continue to appear on your credit report. You cannot get the court to actually remove your name from the mortgage loan docs. They won't do that.
Answer Applies to: California
Dan Wilson Bankruptcy | Dan Wilson
You cannot afford not to use an attorney. Bankruptcy is too complicated to do pro se. A Chapter 7 bankruptcy will discharge your credit card debt and your obligation on the mortgage. Bankruptcies are reported on credit reports for 10 years. There are literally dozens, if not hundreds, of competent bankruptcy attorneys in Denver who can help you for a reasonable fee.
Answer Applies to: Colorado
Ray Fisher Law Offices | Ray Fisher
If you file bankruptcy there would be no reason to have the court remove your name from the mortgage even if it could do so, which it can't. The bankruptcy discharge will eliminate your liability on the mortgage debt just like it does on the credit card debt.
Answer Applies to: Texas
Carballo Law Offices | Tony E. Carballo
There is nothing you can do to remove your name from the mortgage. An agreement between you and you ex-wife is not binding on the bank holding the mortgage. Only a refinance by your ex can get out. You can't sue your ex for not doing something that was impossible for her to do if the property went down in value and not enough equity to refinance or her income was insufficient to refinance. The bankruptcy court cannot change the mortgage.
Answer Applies to: California
Edward Papa, Esq. | Edward Papa
"Question Detail: I was forced to sign a quit claim deed in my divorce decree. My ex and I had an agreement through email traffic prior to filing the divorce that she would refinance if I signed." How were you forced ? You admit to coming to an agreement. Were you represented by an attorney in the divorce ? I'm guessing no, so you got what you paid for. With all that in mind, you are going to compound the mistake and file bankruptcy without an attorney. Good luck. You will need it.
Answer Applies to: New York
Melinda Murphy Dionne, PC | Melinda Murphy Dionne
The filing of a Chapter 7 case will release you from liability on the mortgage as well as your other debt. After receipt of your discharge, you will have all of your income free of all debt discharged in the bankruptcy case and that includes the mortgage debt. The bankruptcy court cannot order the mortgage company to "remove" your name. Instead, the Court grants you a discharge which effectively does the same thing.
Answer Applies to: Alabama
Lewis Adams and Associates | Lewis P. Adams
You can surrender your interest to the property in a Chapter 7 case, and the debt will be discharged as to you. However, bankruptcy can only eliminate your obligation on the debt. It will not remove any information on your credit report. The divorce court could find him in contempt for not refinancing the property, if he was ordered to do so.
Answer Applies to: Utah
Charles Schneider, P.C. | Charles J. Schneider
It is unnecessary to petition the court as your discharge of your debt will make the mortgage promissory note unenforceable against you. However the mortgage as a lien against the former residence is still effective. There is nothing in the bankruptcy code that can compel a credit reporting agency to say anything about your debt. False information can be challenged but usually outside of Bankruptcy. You can't sue her for breach of contract as you don't have the debt.
Answer Applies to: Michigan
Ashman Law Office | Glen Edward Ashman
You cannot afford NOT to have an attorney. Pro se cases go badly and your post indicates yours will be difficult and highly technical. No you can not unilaterally take your name off a mortgage. And side agreements not in your divorce decree are VOID, unenforceable, and may complicate your bankruptcy. Your email side agreement is not part of the divorce. So your name stays on the mortgage. Whether you can discharge it depends on what is IN the divorce as marital obligations are not erased by divorce. Do not set foot near the Bankruptcy Court before you get a lawyer. You already screwed up by not having one in the divorce and not getting the refi language in the decree. Don't let lightning strike you twice.
Answer Applies to: Georgia
Law Office of J. Scott Logan, LLC | John Scott Logan
Not even an attorney can get your name removed from the mortgage. Only a refinance would do that. The mortgage company should start reporting the obligation as discharged in bankruptcy, but likely won't stop reporting altogether.
Answer Applies to: Maine