Legal Question in Bankruptcy in Oklahoma
Foreclosure after divorce and bankruptcy
Bought a home with wife in 1985.Got divorced and she was awarded home and debt of home. Filed joint bankruptcy during divorce, she reaffirmed home loan,I did not. Received foreclosure papers. States,we are now divorced but I am obligated on subject Note and have not been released from liability thereon. ( Ex-wife did not re do loan so my name is still on it)Defendent be summoned in this case and be required to set up in this suit any right, tittle or interest claimed in and to the lands involved in this action or be forever barred from claiming any right in and to the said real estate. Am I still liable ??
1 Answer from Attorneys
Re: Foreclosure after divorce and bankruptcy
Thank you for your question. Because I do not have the documents available for review and only have sketchy facts I am unable to provide an opinion. As a general rule if the debt was listed and you did not reaffirm the debt, the debt as to you would be discharged. This would leave the creditor with a right to proceed against the property to foreclose and sell the property but could not get a personal judgment against you. Without seeing the foreclosure petition I can not comment on what type of judgment they are seeking. Under the circumstances I could see them seeking a personal judgment against your wife and an in rem judgment against the property. Perhaps what they are wanting from you is a disclaimer of interest and nothing more. However, as I presume that a large amount of money may be involved and you do not wish to risk a personal money judgment against you, you should consult with an attorney and make sure you protect yourself by answering this lawsuit. You should also consult with the bankruptcy attorney as to what his opinion is on this new turn of events. Visit and bookmark my website:www.urgentlegalcare.com for your, your family and friend's future legal needs.