Legal Question in Real Estate Law in Texas
trying to sell house but ex husband name still on note and he filed bankruptcy on it in Dec. I was awarded house in divorce decree 9 years ago. Now morgage company said can not give clear title cause under bankruptcy is there anything we can do. The buyer has cash for pay off amount we are not making any money on it.
2 Answers from Attorneys
There is an automatic stay when someone enters a bankruptcy filing. The divorce decree, if properly written, should have given you clear title. If your husband was still on the note, would be entangled in the bankruptcy. You can file an application in the bankruptcy court for relief.
Dave
http://leonlaw.com/askalawyer
First you may want to change title companies. It sounds like you may have an inexperienced title examiner.
Alternatively, you can ask the bankruptcy trustee for authorization to sell the house. You will have to provide divorce papers, but you shouldn't need to file anything.e
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