What are my rights if I just learned that my name was never on the mortgage but was on the deed? 13 Answers as of July 04, 2014

I have just learned my name was never on the Mortgage but was on the deed when we jointly filed Chapter 13 Bankruptcy. We are separated (not legally). My divorce attorney had responded to the courts with signed documentation stating I relinquished the house before Bankruptcy. I have not made any income since 2007. This is the only big debt I had. I feel my estranged husband may have committed fraud against me. Can you assist me to understand my rights?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you are on the deed and not on the mortgage then technically the bank made a mistake because they cant give a mortgage without including all parties to the deed and there is some case law that says your half of the property can not be encumbered with that mortgage.
Answer Applies to: New York
Replied: 7/4/2014
If you never signed the mortgage note you do not have that debt even without a bankruptcy.
Answer Applies to: Minnesota
Replied: 6/24/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Well, you don't have any liability for the mortgage debt to lender. You are still on title so if it is abandoned you could get hit with a code compliance citation.
Answer Applies to: California
Replied: 6/17/2014
David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
This could have implications in your divorce and in the bankruptcy. First, if your name is not on the note or deed of trust, you are not personally liable for the debt. The loan co. cannot look to you for payment if your husband defaults. Second, you are a co-owner of the property with your husband. The term is "tenancy by the entireties" This means your creditors cannot go after joint property. Joint creditors can go after joint property, including the trustee. The trustee is normally not stopped by your actions to 'relinquished' the house. I am not sure what you did since you are not even "legally" separated. I am not sure what exactly you have done. This affects your 13 in the amount you have to guarantee to unsecured creditors. Or if you convert to 7, they can liquidate the house to get your half of the equity. You don't live there, so there is no homestead exemption for you. Third, Did you just give up on the equity in the house? Fourth, The divorce decree can possibly change what assets the trustee can take in a ch 7. If you 13 is already confirmed, it should not be affected. If not, it could affect how much you have to guarantee to unsecured creditors. Fifth, If the bankruptcy is still going to discharge a fair amount of debt, it may still be useful and beneficial to you. I am not sure why you did a 13. income vs. wages vs. less than 8 years since a 7 vs.some other reason. I don't see you filing the 13 just to save a house you are going to relinquish. Would you have not filed at all? I am missing something here. There are other ways to deal with a house in a divorce other than a bankruptcy. These remedies should have been pursued before a bankruptcy. Sixth, I am not sure what fraud you husband did. Were you not involved in getting the loan? Were you aware of it happening? Did you sign a marital waiver? What are your damages if he did?
Answer Applies to: Missouri
Replied: 6/13/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
Unfortunately, I can't provide you with any specific advice because I can't see the whole picture, which is your entire chapter 13 file - probably 100 pages or more of documents. You will want a neutral bankruptcy attorney to review your case for an opinion.
Answer Applies to: Nevada
Replied: 6/13/2014
    Timothy Casey Theisen, P.A. | Tim Theisen
    This is a very complicated situation, and may result in the mortgage being void. But my first question is whether you are still in a joint chapter 13 with a spouse from whom you are divorced or divorcing, that usually makes little sense, especially if you're not working. Your situation is much more complicated than what can be troubleshot over the phone. You should find an attorney who is willing to sit down with you and go through your rights, preferably a bankruptcy attorney who also knows a bit about real estate and family law.
    Answer Applies to: Minnesota
    Replied: 6/13/2014
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Your name would always be on the mortgage if it was on the deed. The question is was your name on the promissory note? If it was, then you owe any deficiency that arises after foreclosure. If not then you would just lose the home that you did not wish to keep in the first place.
    Answer Applies to: Michigan
    Replied: 6/13/2014
    Law Office of Shirly L. Horn | Shirley L. Horn
    If your name was not on the mortgage then you are not personally liable for it.
    Answer Applies to: Michigan
    Replied: 6/13/2014
    Hoang & Tran PLLC | Adam Tran
    You have a lot of moving parts to your questions and your questions raise more questions, such as: did you file the Chapter 13 before your divorce? Or was it the other way around, you filed divorce first then the bankruptcy. You should sit down with an attorney to go over all of your concerns.
    Answer Applies to: Texas
    Replied: 6/13/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    If you are on the deed then you have ownership rights in the property. If you are not on the mortgage then you could not be personally liable for the mortgage debt however the property is owned subject to the mortgage so if the mortgage is in default then the lender could foreclose the mortgage against the property but not against you. In essence, the lender could get the property back if the mortgage debt exceeds the value of the property. In that case , if there is any residual debt from the sale of the property you could not be held liable for the remaining debt.
    Answer Applies to: Indiana
    Replied: 6/13/2014
    Barnhart Law Office
    Barnhart Law Office | Bruce C Barnhart
    You have several rights in your chapter 13 bankruptcy. Including the right: to your own bankruptcy attorney; the right to dismiss your part of the case; and the right to deconsolidate the case and continue on with your own case. You should have your own bankruptcy attorney review the bankruptcy pleadings and give you advice.
    Answer Applies to: Nebraska
    Replied: 6/13/2014
    Danville Law Group | Scott Jordan
    Why are you upset? You have an ownership interest in the house but no financial responsibility for the debt taken against the house.
    Answer Applies to: California
    Replied: 6/13/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    Your property interest is presumptively established by the deed and substantially established by community property law. Borrowers on purchase money loans for primary residences in California do not have personal liability for a deficiency amount if the loan is not paid and the property taken by the lender through non-judicial foreclosure.
    Answer Applies to: California
    Replied: 6/13/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney