Legal Question in Credit and Debt Law in Minnesota

Home equity Loan and an unsigned note by ex

I am filing bankruptcy after my divorce and my soon to be ex-wife is worried a home equity loan from a local credit union may come after her for payment on the loan. She did sign the mortgage agreement portion but not the actual note. Only I signed the note... it is clear that she did not sign the note as there was a space for a second borrower to sign and she did not sign.... Can the credit union still assess the debt to the ex-wife after my bankruptcy if she didn't sign the note?


Asked on 7/28/08, 5:23 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Home equity Loan and an unsigned note by ex

Doesn't matter if she signed the Note.

Also doesn't matter that you're filing bankruptcy.

THe lender has a MORTGAGE. They will get paid, or they will foreclose on the Mortgage and own the property.

You both should talk to your Divorce Atty and your Bankruptcy Atty.

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Answered on 7/28/08, 5:28 pm


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