Legal Question in Family Law in Indiana

I am not sure what to do: I kept the home through our divorce, the loan is under ex-husband's name. I have the Quit Claim Deed in my name.

I have been trying for a loan modification since 12/2008 and have been denied. I am behind 9 months by $10,000.00.

Now that my ex-husband is willing to submit his paperwork to help out, we received the Home Affordable government trial period plan through the mail. He was required to call a counseling agency for advise. They told him that I should leave the home since he filed for bankruptcy and included the home in bankruptcy which I was unaware of. They told him I will never catch up with the payments. Should I keep tryiing and accept the plan ( even though its not in my name) or is it worth it to keep paying for a loan that's not mine, What are my chances in retaining the home? Should I try to just buy my own even with bad credit?

I really need some legal advise. This is a question for Loan Modification - not divorce - I don't see it in the option below.

thank you

Silvia M


Asked on 10/15/09, 9:32 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

If your divorce deree requires you to hold your ex harmless as to this debt, it is still a divorce question. Your ex could pursue you for any money he has to pay or damages he suffers if you default. Take your decree to your lawyer to find out. Separate from that, I don't know whether you will be better offf doing this or not...it all depends on your alternatives, and your equity in the home.

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Answered on 10/19/09, 9:58 am


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