Legal Question in Bankruptcy in California

I have a first and second loan on my residence with my ex- wives name on the loan. If my ex files bankruptcy what will happen to the loans. I am the only one on title of this property.


Asked on 4/12/11, 7:22 pm

3 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

If you're both liable on the loans and she files bankruptcy, then you will remain liable on the loans.

Above is not legal advice; rather it's general information. Retain legal counsel prior to acting or refraining from action in regard to bankruptcy and other legal matters.

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Answered on 4/12/11, 8:07 pm
Brian Whitaker Lifeline Legal, LLP

The loans continue to be liens on the house. You should continue to pay them if you're retaining the house.

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Answered on 4/12/11, 11:12 pm
Tony Carballo Carballo Law Offices

Look at it this way: Your house owes the bank the balance of the mortgages and if someone does not pay the bank has to sell the house to collect what is owed. Since a house cannot file for bankruptcy, then the house will always owe the balance of the mortgages. If someone does not pay then the bank sells the house to collect the debt. If the sale is by the trustee at an auction at the request of a bank holding the mortgage, then the bank must be satisfied with whatever the buyer paid at the trustee's sale. If there is a mortgage in second position, then that mortgage lost the right to sell the house (since it was sold by the first mortgage) and can sue the borrower in court unless (1) the borrower discharged that mortgage debt in bankruptcy, or (2) the money from the second mortgage was used to purchase the house (purchase money mortgage).

I have tried to simplify the answer as much as possible so bear in mind that this is complicated and serious stuff and only your own private lawyer can analyze your situation and properly advise you.

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Answered on 4/13/11, 2:45 am


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