Legal Question in Bankruptcy in United States
My ex-wife was given exclusive use and posession of the marital home along with the responsibility to pay the mortgage. She never paid and now the house is under foreclosure and my name is the only one on the loan.
My ex-wife is still in the house and just recently filed for bankruptcy. The bank has asked for Final Judgement of Foreclosure because of her bankruptcy, but I have been legally fighting to keep the house.
My question is... Even if the bank obtains a Summary of Final Judgement of Foreclosure because of her bankruptcy, doesn't the bank still has to obtain one against me? In other words, I did not file for bankruptcy and I want to keep the house, so her bankruptcy terminates her legal obligation with the debt, but not mine, so the bank stills needs to foreclose on me, not just her. Is this correct?
2 Answers from Attorneys
The lender forecloses on the property, not the borrowers, after proper notice and procedure. We do not know if they did this, as you did not address the real issues. There is generally no "Final Judgment of Foreclosure" (or any similar named documents) necessary for foreclosure, so it is not clear what you refer to.
Whether or not they go after the debt is a different issue.
If you want to keep the house and bring the debt current, you not only need to contact the lender before the foreclosure sale, but presumably you need to amend your divorce decree. Either way, it is a job for your lawyer and not a website.
This is a time critical inquiry. If you end up with a hardship because you took other marital debt while she took the house debt in the divorce, you may be able to object to the discharge of the debt to the lender. You must file an adversary proceeding in the bankruptcy court within 60 days of the meeting of creditors. If you did not, you have to prove you did not know of the bankruptcy in time to file the objection. If you missed out and want to keep the house, you have to deal with the lender to make your peace, and with the spouse to get a deed. You really should consult counsel to manage all of this. You may have to make an appearance in the foreclosure matter to prevent sale and transfer of the property to a third party under the foreclosure sale. If that happens, you may be out on the real estate and still owe the bank the full deficiency.
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