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Do I list a mortgage that I signed a quit claim deed on after divorce on a chapter 7?

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Icon Mini Profile susiemariebromley





Joined: 25 Sep 2008

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Post Posted: Thu Sep 25, 2008 11:09 pm    Post subject: Do I list a mortgage that I signed a quit claim deed on afte
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I am filing chapter 7 . When I got divorced 2 years ago I signed a quit claim deed on our mortgage, do I still list this on my chapter 7 as a debt?
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Thu Sep 25, 2008 11:22 pm    Post subject:
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Hi susiemariebromley!

Welcome to the forums!

Quitclaim deed cannot be used to transfer a mortgage, it is only used to transfer a property. To transfer the mortgage, you will have to opt for either refinancing or novation.

If you want to include that mortgage in the bankruptcy or not is solely your discretion.

Feel free to ask if you have further queries.

Sussane
Susanne

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Post Posted: Fri Sep 26, 2008 12:42 am    Post subject:
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Hi susiemariebromley!

Quitclaim deed cannot transfer mortgage.
Icon Mini Profile gmakerley
gmakerley
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Post Posted: Fri Sep 26, 2008 12:02 pm    Post subject:
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well, that's settled.

susiemarie, my first question is this: do you have legal counsel working with you on this chapter 7 filing? if so, wouldn't you be able to get that question answered?

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