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i live in california. i have a mortgage where my xwife is still on the loan. in our divorce agreement she gave up all rights to the property and responsibilities. i was to refinance by a certain date. that has not happened due to challenges with lenders etc.

i have renters in that property that pay every month. i plan on filing bankruptcy in the next couple of months. my xwife went to the home and told the renters to stop paying me rent since i am going to file bankruptcy and lose the house. she wants to force a short sale and that really does not suit me since i am filing anyway. can she force this? since her name is on the loan and deed still? i feel that she could of removed her self from the deed easily and she has our divorce agreement which clearly states the property is mine. just that her name is on the loan and most likely will still be liable for the mortgage after i file. i dont blame her for being pissed i would to but that is life with divorce as i see it.

let meknow!. -f

jameshogg · Posted: Tue Nov 09, 2010 10:55 pm Post subject:

Hi Guest,

As her name is mentioned on the property deed, then she can force a short sale. This will help her in getting rid of the property and the mortgage as well. However, this will leave a negative affect on both of yours credit reports.

Thanks

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divorce bankruptcy and mortgage in both names.

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