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10-18-2011, 04:12 PM
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How does filing bankruptcy change a mortgage
with an ex-spouse? I live in Utah and I am on a mortgage with my ex-spouse. He was awarded the house in the divorce, and in the decree was ordered to re-finance within a reasonable time, It has been 2 years, and he has not done so. I listed the mortgage in bankruptcy recently and was told my name would be taken off of the original mortgage without him re-financing on the loan. I am concerned that my name will remain on the loan. Will my name be removed?
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10-18-2011, 10:23 PM
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the mortgage is the loan they are the same. You may not be liable for it anymore and you ex could loose the house that is up to the lender. Because this was a divorce if the lender foreclosures on the house due to this he can sue you and will win his loses if he can prove he attempted to refinance but was turned down. You cannot list debts covered under a divorce degree in bankruptcy your lawyer should known better
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