I filed chapter 7 bankruptcy individually due to debts that I had before my wife and I married. We live in a house that is in her name for credit report purposes but I am on the deed of trust. As part of the filing process, I had to list where I live. Now my bankruptcy is showing on her credit even though she did not file. We are fighting the mortgage company but they will not budge. What should I do?
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I have a similar situation, where husband and I have a loan together on the house, but I filed BK and he didn't. Did you file pro se or do you have a lawyer? What problem are you having with the mortgage company? I don't understand.Filed Chapter 7, 8/16/05, 341 10/12/05
Discharged 2/16/06, Case Closed 3/8/06
FICA Score (Equifax) as of 10/13/06 - 645
(It was 506 on 10/12/05) -
I did have a lawyer but he is not offering much help on this. My wife's credit score has dropped dramatically since I filed. Her credit, under the mortgage company name, says included in bankruptcy and shows a zero balance. We have stopped receiving monthly bills, but have never been late, not even 1 day. We have both called the company, but they said that since I was on the deed of trust, it is the same as my wife fining for bankruptcy. That doesn't seem fair???Comment
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I'm not familiar w/ 'deed of trust'. From what I've seen/heard, if your name is not on the loan, then your BK should not affect it.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.Comment
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In my understanding the "deed of trust" is like the Title on a car. The loan is under her name, but they own the house jointly. Therefore, he has a 1/2 or joint interest in the house.Originally posted by StaciMM
This had to be listed somehwere on the Bk somewhere for them to know, unless he had other loans or cc's with this co.
Since his name is on the Title (Deed of Trust), then half the value is his and half the responsibility for the debt (even with loan in her name) is his.
For example, I filed Bk. and included back taxes. Some were under my name only and some were filed jointly. Had I filed alone, the IRS would have gone after DW to collect the joint taxes and we would have not been freed from them, so we filed jointly.
At least that's my take on the situation. ArtComment
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