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Post Chapter 7 Judgments, Ex-Wife, HOA

Posted on: 24th Sep, 2013 05:20 am
I was married 5 years ago and we shared two homes. When we got separated, the MSA stated she got hers, I got mine. For some reason, we were never removed from each others properties. She let all of them go, including the HOA and now there are two judgments against me, her, and 6 other random names on the judgment itself. I had one short sold, had a deficiency for that, included it in BK. Had a second home that I included in my Chapter 7, absolved me of the debt, but then the bank foreclosed and obviously there is a huge deficiency now. Am I on the hook for that or is it a matter of law that they foreclose and filed a judgment and merely a technicality?

If we only shared ownership, but I was not on the note, am I responsible for the deficiency that was/is being created from the foreclosure?

HOAs also filed suits against her, naming me as well since I was on title... same thing, I am not on the hook for those am I?

If it was in my MSA, can I have my name removed from those lawsuits permanently since she was supposed to own them individually and without me on title?

I filed Chapter 7 two years after we split. Would that absolve me of any future obligation to her creditors in the event they filed a judgment? We co-signed on absolutely nothing. Not one thing. Just shared title on things.
Hi Cledus,

First and foremost, if your name is not mentioned on the mortgage docs, then you will not be liable for the mortgage or the deficiency arising from the foreclosure of the property. However, if your name is mentioned on the property deed, then you will be responsible for the maintenance of the property. That may be the reason why HOA has included your name in the lawsuit.

Thanks
Posted on: 24th Sep, 2013 07:58 pm
Hi Cledus!

Welcome to the forums!

I agree with what James has said. A discharge from Chapter 7 bankruptcy will help you avoid any future obligations toward that debt.

Feel free to ask if you've further queries.

Sussane
Posted on: 25th Sep, 2013 08:50 pm
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