Legal Question in Bankruptcy in Michigan

mortgage and deed

As of July 11, 2008 my name is still on the mortgage and deed of the marital home which my ex is living in.

Since March 2006 he has been late on every payment 30, 60 or 120 days late. The mortgage company stated that since he is in bankruptcy that nothing can be done in removing my name. This possibly can't be true something has to be done, right.

Please give me adivse and I would like to talk on the phone, soon.

Susan


Asked on 7/11/08, 4:37 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: mortgage and deed

What did the terms of your divorce judgment require? For example, was your ex supposed to refinance to have your name taken off the mortgage within X amount of time? If so, and he failed to do so, then he could be in violation of the judgment and you could retain a lawyer to have the judgment enforced. Unfortunately, since he is in bankruptcy, this confuses matters and may delay getting your name off the house. What is he planning to do with the house that is in bankruptcy - is he planning to "reaffirm" the debt and keep the house, or let it go into foreclosure? Sounds like the latter, since he is so far behind in the payments.

When all is said and done, you should be able to have the negatives removed from your credit report with a letter to all the agencies explaining the situation, but I would suggest you have a lawyer assist you with this letter to increase your chances of them correcting your credit report.

In sum, your recourse is against your ex for not removing your name from the mortgage (despite his excuses - not your problem), and for ruining your credit.

If you'd like to discuss further and retain me to review your divorce paperwork and see what can be done to protect you, please contact me.

Thank you.

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Answered on 7/12/08, 4:24 pm


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