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jlwvaughn02 · Joined: 09 Jan 2009 Posts: 1 1.33 Dollars($)

I divorced in 2004 and was awarded the home. The ex was to pay a portion of his military retirement to me, but instead paid the mortgage. He had blocked me from having any access to the account.
Then I find out it's in foreclose and court date is scheduled for mid February.
The loan is with WaMu and they state I'm on the Mortgage but not the Note. They are only sueing the ex.
My question is...why can't I buy the home from my ex and take out a FHA mortgage? If all fails...would a chapter 13 stop the foreclose? I live in Florida.
Thanks in advance

Caron · Posted: Mon Jan 12, 2009 4:53 am Post subject:

Hi,

Chapter 13 bankruptcy does help to stop foreclosure. But are you ready to make payments under the chapter 13 plan?

I'm quite surprised to find out that you're on the mortgage but not on the note. How is it possible? Are you the cosigner then? had your name not been on the mortgage or the note, you could have bought the ex's home from the foreclosure sale. But looks like Wamu has complicated the situation by putting your name on the loan bit not on the note. Just clarify this once more with Wamu. Also, check out how chapter 13 bankruptcy works. You need to qualify in order to file chapter 13.

good luck

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Foreclose and Chapter 13