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Cynthiatorsch · Joined: 28 Oct 2009 Posts: 1 1.41 Dollars($)

Hi. I recently went through a divorce. My ex husband got the house and I signed the deed over. He was suppose to sale the home and continue to make payments untill it sold. However, he filed chapter 7 and is planning in letting the house forclosee. My name is still on the loan through bank of America... How can I regain the propert back?.... Here's the delima, he refuses to sign the house back over to me and sign the loan modification, in fear that if I default on the loan in several years from now it will effect his credit again after going through chapter seven......Is that true?? If I default on the loan at somepount in my life, can it effect his credit again after his bankrupcy??? I would like to refinance the loan but he has screwed my credit up by not paying payments he was ordered to pay in the divorce so there is no way for me to do this.... My only hope is to do a simple assumption but I can't do that if he won't sign the loan modification.

jenkin7 · Posted: Thu Oct 29, 2009 2:17 am Post subject:

Hi Cynthia,

If your ex-husband was ordered by the court to make the payments on the mortgage, he is legally liable to do so. You are still listed on the loan. So, if he stops making the payments, it will affect your credit scores. If he files chapter 7 bankruptcy and lets the property go into foreclosure, your credit will be damaged. But, you can file a lawsuit against him for contempt of court order and force him to either make the payments or sell the home.

Is he on the loan? If he is on the loan and you fail to refinance the property in your name, his credit will be affected in case you default. Otherwise, there is no way his credit will be affected by the default. If he still refuses to let you take over the property and the mortgage payments, you should take this matter to court.

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Is my ex husband still liable for the mortgage after he files chapter seven, if I keep the house and it remains in both our name at the bank but the deed is in it name alone?