Legal Question in Bankruptcy in Tennessee
My husband and I divorced 7 years ago. I was unable to refinance to remove him from the mortgage. Approx. 3 years ago he filed chapter 7 bankruptcy and the mortgage was discharged. I now want to leave the home, and the finance company is telling me it was discharged and I can just walk away. Help please
1 Answer from Attorneys
In your husbands bankruptcy he may have gotten a discharge of his individual liability on the debt, however his discharged does not impact your individual liability. If you signed the promissory note (not just the deed of trust) then you have personal liability that is not impacted by his chapter 7. If you did not sign the note then you have not liability but it is because you did not agree to pay, but instead only agreed that any interest that you may have in the real estate is subject to the deed of trust. Hope this helps.
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