Legal Question in Bankruptcy in Michigan

Bankruptcy/Mortgage

I was divorced last year and my ex-husband signed a quit claim deed on the house and land. His name is still on my mortgage as primary borrower. I am the secondary borrower. I have a very low rate on my mortgage and do not want to refinance to remove his name. He is now filing bankruptcy. I have been on time will all my mortgage payments. Question is, with him filing bankruptcy, can my mortgage company force me to refinance the mortgage? Or can I just go on making payments and keep his name on the original mortgage?


Asked on 6/18/08, 9:45 am

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Bankruptcy/Mortgage

The mortgage company will require him to "reaffirm" his mortgage on the house (which will require you to sign new paperwork since you are both on the mortgage note), unless you want to refinance and take his name off. I know an excellent loan officer (a legit one - not like most of them) who could look at your status and let you know your options within 12 hours of calling him.

Please contact me if you need a referral. Thanks.

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Answered on 6/21/08, 3:28 am


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