What to do if my husband did not have my name removed from a loan and now he is going bankrupt?

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What to do if my husband did not have my name removed from a loan and now he is going bankrupt?

My name is listed on the loan. He was supposed to remove my name and did not. I do have documentation that the property is his our marriage settlement agreement, divorce decree and notarized letter, that I am not financially obligated to the loan. He filed bankruptcy on the property mortgage loan company. Can they come after me? How can I protect myself from him not removing me from this loan? I even tried sending the documentation to have my name removed and was denied. I am also listed as a creditor in his bankruptcy paperwork. What can I do?

Asked on May 22, 2012 under Real Estate Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The only recourse you have here is against your husband for breaching the agreement between you.  The bank was not a party to the divorce and they are not bound by the agreement you made.  So yes, they can come after you.  He listed you as a creditor because he knows that you can come after him based upon the agreement.  Seek legal help as soon as you can.  Good luck.  


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