Legal Question in Real Estate Law in Illinois
Mortgage mtigation and Ch. 13 Bankruptcy
I purchased a home with my own money on 2006 and only my name is on the note and the mortgage loan. I have been in modification process for about 4 months. My huisband from whom I am separated from, filed for chapter 13 last month and the bank stopped the mitigation. I asked them to prove to me that since he is and never has been living here and signed nothing to agree to co-pay, why that sould affect my mitigation process. The bank only said he has a vested interest and they really could not provide me with anything that says why. Is this legal? Can they do this. I have become disabled and have been very good with communication and the Mitigation company has a great reputation, so I do not know what I can do. I have copies of my closing documents and on the Title it lists he and myself and joint tenants, which is not the case and he never signed anything agreeing to being a co-borrower as the bank puts it. Do I have any recouirse?? Thank you for your help.
2 Answers from Attorneys
Re: Mortgage mtigation and Ch. 13 Bankruptcy
You need to have your husband contact the bankruptcy attorney and see if there is any way that he can give you his interest in the title. If so, that may be all that the mitigation company needs. Good luck
Re: Mortgage mtigation and Ch. 13 Bankruptcy
You say that "on the title it lists he and myself and joint tenants." I am not sure where you saw this. Someone can be in title, but not obligated on the loan. It would be very strange if he was in title, but did not sign the mortgage, and it might work to your benefit.
If you saw his name on the deed which was recorded, then your husband has a half interest in the real estate. If you saw it on a title insurance policy, this could be right or wrong. It is right if his name is on the deed. If it is wrong, you should be able to contact the title agency to correct it.
I would be happy to review these documents and tell you what your options are.
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