Legal Question in Bankruptcy in Minnesota

Hi. I just had a question because about 2 years ago I bought a house with my boyfriend and he just kicked me out a few months ago. Well my name is on the loan/house so I'm trying to understand how he can just do that. Plus after he kicked me out, he stopped making the house payments so now my credit is already horrible and I don't want it to get any worse. I think the house is soon going into foreclosure or he may file bankruptcy. So my question is how can I get my name off of the loan/house so I don't have to go through any of these things since I don't even live there??


Asked on 3/14/10, 11:41 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Well, usually there would be nothing you could do to get your name off the mortgage. It is what it is.

If your name is on the house, you may have as much right to be there as he does. You might want to consult a family lawyer about gettilng back into the house. You could live there for free for quite a while while the foreclosure goes through.

Assuming that you are in the state of Minnesota, and assuming that there is only one mortgage, the best thing for you to do may be nothing. Ordinarily when there is only one mortgage in this state, the mortgage company does a foreclosure by advertisement. This means they take the house but don't go after anybody personally.

If there is more than one mortgage, or if for any reason the mortgage company were to come after you personally - and by that I mean sue you - then you might need a bankruptcy to make it go away. I would think it best to wait and see what happens and not do that unless you have to.

This is for general information purposes only and does not create an attorney-cleint relationship. It is not legal advice. Please seek the advice of the attorney of your choice concerning the details of your case.

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Answered on 3/20/10, 2:03 pm


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