Legal Question in Credit and Debt Law in Missouri

Quit claim deed collection

My husband & I separated on 9/22/99. He purchased a home in 10/99 and I signed a Quit Claim Deed and was instructed that this would exclude me from any debt collection if he were to not fulfill the loan contract. Actual general warranty deed is in his name as a married person. Loan was in his name only. He filed bankruptcy in 1/03 listing home as a secured debt. I filed bankruptcy in 3/03 and was advised that I would not need to list his home as my name was not on loan and not on warranty deed and also that I had signed a quit claim deed. No reaffirmation was made on the home and he stopped making payment in 11/03. An attorney is now trying to collect the debt from both him and me. I contacted the attorney's secretary and advised of the bankruptcy. We then both received same letter again from attorney. Can the attorney pursue action against me for the collection of the debt of the home when it was included in his bankruptcy?


Asked on 4/04/04, 12:07 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Quit claim deed collection

It is unclear from your statement whether or not you signed the promissory note on the home. If you did not sign the promissory note, and did not apply for credit in order to facilitate purchase of the home, and if you did not live in the home and quit-claimed any interest in the home, and then took bankruptcy at a later point, it would seem to me that you are being harassed.

It is a violation of bankruptcy law to pursue a debtor who has a valid discharge in bankruptcy. You should consult the attorney who handled your discharge in bankruptcy and ask them to write to the attorney who is dunning you.

Good luck

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Answered on 4/05/04, 9:12 am


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