Girlfriend filed bankruptcy on the house .....?

[montgomery69]

My x girlfriend and I were on a house together she has filed chapter 7 bankruptcy and moved out. I have my mortgage with Wells Fargo, I am trying to see if they can assist me on my house payment. Their trying to tell they cant help me and just because my ex girlfriend filed bankruptcy that don't mean she's not responsible for the mortgage. But her lawyer says other wise .....

Is wells fargo trying to blow smoke up my rear or I am guessing the lawyer would know more about then some phone jockey at wells fargo. Anyone weigh in on this please ! O i live in Michigan dont know if the law is different from state to state

[caomh]

If your ex received a discharge, then it does mean that she is not responsible for the mortgage. Wells Fargo can no longer go after her. They can come after you for the full amount of the mortgage. If you can no longer afford the payment, they will likely foreclose and you will still be liable for the deficiency (the amount you owe minus what Wells Fargo sells it for). If you are that upside down on your house (really only wroth $20,000 but you owe $95k), you may need to look at bankruptcy for yourself.

Talk to a lawyer in your area. Most will give a free initial consultation.

[choviohoya]

Her lawyer is an idiot. The mortgage is secured by the real estate (the house). Therefore, the bank can still foreclose on the house. The bankruptcy petition merely "stays" the foreclosure for the duration of the bankruptcy (about 5 months). Once the bankruptcy case is over, the bank will foreclose on the house.

Moreover, depending on the state where you live, the bank may seek a deficiency judgment against all borrowers (except your ex-girlfriend -- assuming she receives a bankruptcy discharge)

[winwood]

Her lawyer is an idiot. The mortgage is secured by the real estate (the house). Therefore, the bank can still foreclose on the house. The bankruptcy petition merely "stays" the foreclosure for the duration of the bankruptcy (about 5 months). Once the bankruptcy case is over, the bank will foreclose on the house.

Moreover, depending on the state where you live, the bank may seek a deficiency judgment against all borrowers (except your ex-girlfriend -- assuming she receives a bankruptcy discharge)

Chpt. 7 releases her of all liability if she included the house. Wells Fargo does not have to help you in anyway. If you can't pay the full amount & they won't help it's time to let the house go.

[collyer]

What assistance do you think they are going to give you?

The bankruptcy may not release her liability.

You are of course responsible for the full payment, as you have always been. They aren't going to let you pay half.

[elton]

My concern would be that they will now come after YOU for the full amount of the mortgage. You might want to speak to a lawyer.