Home arrow Mortgage Forums arrow Deeds, Property Transfer and Estate Planning arrow

Bankruptcy to avoid foreclosure

Author Message
Melissa21

Guest







Post Posted: Wed Apr 27, 2011 6:27 am    Post subject: Bankruptcy to avoid foreclosure
Like 0
Dislike 0

Hello...my husband and I are in the middle of a drawn out divorce in PA. We own a home together that he still lives in but i just found out that he has not paid on the mortgage in over 2 years and the home is about to be foreclosed upon. The man makes well over 6 figures and has NO REASON to have let this happen. He is now claiming he will just file bankruptcy to avoid foreclosure but being that my name is on the mortgage and that our divorce is not final and not equitable distribution has occured can this happen?? If so, will i have to go through bankruptcy as well? I refuse to sign a loan modification as it will hold me to the mortgage and being that we are in the process of divorce and i'm not living in the home..i have NO intention to agree or sign on to a modification as it will only prevent me from being able to get a new loan on my own. I want him to sell the house but he is refusing to do so. My credit is destroyed and I want out of this mess!
Guest









Post Posted: Wed Apr 27, 2011 8:31 am    Post subject:
Like 0
Dislike 0

Thats a tough one. If you are on the loan, you are responsible, even with a divorce decree, the lender doesnt care. You need to know if your state is a non-judicial foreclosure state and if your note has a "right to sell" clause and if your state allows for defeciency judgements. If you lose the house to foreclosure, your credit is shot. Then you have to spend the next several years to repair your credit. If the house is modified, then atleast the loan is current. If you short sell the house, the lenders will also take that as a foreclosure against you for when you want to get your own home. If he is not paying and you want to be protected, go back to court and demand that the house be sold. Try to speak with the ex and see if you can do a deed in lieu. If you home is upside down, then you really cant get out from it cleanly. You need to find the quickest and easiest way to get out from it, foreclosure, deed in lieu, short sale, and then be prepared to have to rebuild your credit. Good luck
Quick Reply
Your Name
Subject
Image Verification


Can't read the image? click here to refresh
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Refinance Quotes
Call for Rates
888-485-7561
Speak to a lender now.

We will match calls to our toll free number with our network of lenders.

Ask Questions
Community Attorney
Joshua Heard - Attorney Joshua Heard
Houston, Texas






Highlights

Helpful References

Mortgage Guide
Mortgage Terms
Mortgage News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Our Community

MortgageFit Blog
Community Professionals
Community Rewards
Introduce yourself
Website tools


Community Rewards

Five simple ways to earn money with the Mortgage Community.

New and upcoming tools
Credit Repair Tool New
Mortgage Planner
Simple Budgeting Tool







We have chosen to apply the Creative Commons Attribution License to all works we publish. This work is licensed under cc by 2.0
Page loaded in 0.047 seconds.