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I got divored 16 years ago an obtained a quick claim deed to take my name off the house but the mortgage company still see that I am on the loan. He refused to refinance and now he has not worked for almost 4 years and is trying to file backruptcy.

Can he file bankruptcy on the home without my signature?
Will the Mortgage company come after me once he has done that?
What options do I have to fight the mortgage company?
Can I just the house be foreclosed?

I have not lived there or made any payments to this house and my divorce decree states he must hold me harmless of any lender.

adonis · Posted: Tue Feb 01, 2011 11:05 pm Post subject:

Welcome smiles,

A quitclaim deed will help you remove your name from the property deed but not from the mortgage. Your husband will be able to file bankruptcy without your signatures. As the mortgage is in your name, the lender will come after you in order to recover the dues after your husband receives a discharge.

If your husband has already filed bankruptcy, the lender cannot foreclose the property. However, if he has not filed bankruptcy, then you can apply for a deed in lieu of foreclosure in order to get rid of the property and the mortgage but it will have a negative affect on your credit score.

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divorced 16 year ex husband filing bankruptcy on house

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