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Old 08-13-2011, 02:33 AM
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Default divorce/ quit claim deed/ foreclosure?

My fiance was married, but is divorced now. He has a home with his ex wife, the loan is in both of their names. In the divorce he was able to keep it, under the obligation that he was to refinance in 1 year and not fall further than 4 months behind. We had a baby, I've had multiple surgeries and been off work, as well as he was laid off at one time. Needless to say, the house is 4 months behind right now. We were going to just let it go into foreclosure then he could file bankruptcy but according to his attorney he cannot file bankruptcy because he signed divorce papers holding her harmless for the house. If he filed bankruptcy then it would leave her responsible for whatever debt came of it. Does anyone know if this true? If it is then we are going to try to do a deed in lieu of foreclosure, which is my next question... does anyone know if banks will do this very often? This was his attorney's suggestion. Thanks for all your help! PS I am a paralegal, but don't know much about foreclosure.
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