Mortgage mess!!! Plz Help?

by **panteno** » Thu Dec 22, 2011 8:27 pm

My ex and I have been separated for 2 years, we had purchased a house in 2008 but I have been solely responsible for the residence since he left. I have contacted the bank several times about removing him from the house but I will not meet standards to have the house refinanced in my name. We were never married and Michigan does not recognize common law marriage so there is no court order of separation. Is there any other way to get his name off of my house, he doesn't want it and I do. The second kicker is that he just informed me that he intends to file bankruptcy...how will this effect my house. We are also just heading to court regarding the kids and child support, we had been fine with out own personal arrangements but apparently the court system is not. Any advice/help is appreciated. Tnx

by **albanwr26** » Thu Dec 22, 2011 8:30 pm

The big question here is how much equity is there in the house. If there is very little or none, your ex filing bankruptcy won't be a problem. SInce he is now filing bankruptcy he can't simply deed over his interest in the house to you. Once the bankruptcy is completed, that is he receives his discharge, he will be able to deed over his share of the house to you, if the Trustee didn't act.

The above is just general information to give you an idea of what can happen. You need to consult with an experienced bankruptcy attorney. Most bankruptcy attorneys will provide you with a free consultation. Note that you should consult with an attorney in the state that you reside.

Good luck.

by **atworth49** » Thu Dec 22, 2011 8:34 pm

I dont understand how my being able to pay mortgage has anything to do with my credit...I have bad credit, but Ive paid my mortage by myself for 2 years

by **taillefer** » Thu Dec 22, 2011 8:43 pm

YOU have to be able to hold the mortgage entirely by YOURSELF. Meaning...your credit has to be sufficient enough and you have to earn enough to meet the lenders guidelines. If you don't...they can't do anything about it. He can't just remove his name from a loan...it doesn't work that way.

As for his bankruptcy...yes, the house being in his name will be considered an asset and he could be forced to sell out or you would have to buy out his share and pay him off...

by **warton26** » Thu Dec 22, 2011 8:46 pm

He can sign a quit claim deed to remove himself from the property deed. You are going to have to seek legal services.

by **garbhach65** » Thu Dec 22, 2011 9:00 pm

You need to contact a lawyer.

by **achimelech51** » Thu Dec 22, 2011 9:16 pm

Get information about the Obama Mortgage Modification program. It is designed for people who are struggling to make their mortgage payments. Also see if your ex will agree to file a Quick Claim Deed so that his name is removed from the deed. File HomeStead so that bankruptsy will not touch your house. If the amount of the equity is larger than a percentage of what he owes then yes it can affect yoru house. But do not panic, get on websites that will help you on this. When he files bankruptsy see if he will allow you to go with him so that you can ask the attorney all about your concerns. They have ways that can protect your house. Hopefully your ex will at least be cordial and complient with all of this. Good luck to you!

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