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shelbykierczak · Joined: 27 Oct 2009 Posts: 1 1.34 Dollars($)

I have a 80,000 mortgage worth 20,000. I won the house in my Divorce in 2003, I filed for a chapter 13. I am not in a bad boat. I wanted to claim a 7 but I dont think I can b/c of the new laws. Having to wait 6 years. I am loosing my house and don't know what to do. Every time I call my lender they tell me I am not responsible for the loan but would loose all equity there of....what does that mean? I never did any reaffirming but I don't know how that works. Someone help!! I have a family and baby and I am afraid they are going to garnish all my wages. Can I walk away without having to pay this?

jenkin7 · Posted: Tue Oct 27, 2009 10:50 pm Post subject:

Hi shelbyk,

It seems that you got the title to the house in your name in your divorce. But the loan on the property is still in your ex's name, which is why the lender said you are not responsible for the loan. Since you are on the title to the property, you have ownership interest in the property. If the property goes into foreclosure, you will lose all your equity in the property.

A reaffirmaion is required in chapter 7 bankruptcy. As you filed chapter 13, there was no requirement for a reaffirmation. Moreover, if you are not on the loan, you did not have the right to reaffirm it. They cannot garnish your wages in case you are not on the loan. Check out whose name is listed on the mortgage and if it is not in your name, try and assume the loan, if possible or do a refinance in your name.

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Am I resonsible for my loan still?