What are my rights if I got divorced and was awarded the house but my ex filed for bankruptcy and did not reaffirm the mortgage?
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What are my rights if I got divorced and was awarded the house but my ex filed for bankruptcy and did not reaffirm the mortgage?
The divorce was final 5 years ago. I have been making 1st and 2nd mortgage payment since then. The house was quit claimed to me as well. My ex-husband’s name still appears on them as I was unable to refinance. Last year, he filed for bankruptcy. He did not reaffirm on the house as it is mine now. Since the discharge the 2nd mortgage company has stopped sending bills and told me they will not talk to me as I am not on the loan. Will they foreclose on me? What do I need to do? Am I no longer responsible for this debt? I will keep making first mortgage payments as I am staying in the house and they are aware of situation.
Asked on February 20, 2014 under Bankruptcy Law, Illinois
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
The second mortgage company can not foreclose on you because you are not on the loan. If the second mortgage was discharged in the bankruptcy, then they were paid some amount and that debt is over with. If it was not discharged, they may seek to evict whoever is living there (you) and take possession. However, that seems unlikely since they were only in the second position.
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