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Post BK Home Buying Experience

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  • #76
    I have a question...what happens if you get divorced, file Ch. 7, get a discharge and your ex-husband is still living in and paying on the house? Does the discharge remove my name from the mortgage since I would no longer be financially responsible for it? If my name remains on the mortgage, I would not be able to buy a home again in the future, correct? I am confused.. PLEASE HELP!

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    • #77
      Does the divorce decree state that the mortgage liabilty is his alone?

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      • #78
        Hi Ugh07, well, the agreement states that after I moved out, as of August 2009 he was responsible for all payments relating to the house, mortgage, utilities, etc. The other part of the agreement states that we will either sell the house, or he will get it in his name only, either through refinance or assumption of the mortgage, etc. He now doesn't want to sell because he found a roommate and has the supplemental income from the roommate. I understand and think that makes sense, however, I don't want my name being on that mortgage to affect my getting another one in the future. But, Ch. 7 relieves me financially from the mortgage, so should it matter that my name is on it..meaning, will it affect my future to buy again or do I need to push to get my name off of that deed/mortgage/note? So confused...it appears that my bankruptcy lawyer doesn't know the answer, either...

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        • #79
          I can only answer from experience I have had in Florida, but if the divorce decree states that you are no longer obligated to pay then usually you are able to omit that debt when applying for a new loan. That being said, not every lender will look at it that way and you may have to shop around a bit to find one that will. Depending on what state you are in and the divorce laws of that state all this information could be useless anyway.

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          • #80
            Question: my bf owns a home (has owned for almost 4 yrs), and his ex is still on the deed. I am thinking of buying out her share and and we would put it in both our names. At this time my bk will be cleared for 2 yrs. Would this affect the name change on deed or financing? Thanks

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            • #81
              Hi all, many thanks to everyone, you have helped my family through a lot of stress. Im not sure where to find the right answer so Im hoping someone here can direct me.

              We are discharged from ch 7 (5/21/11). In a not reaffirmed mortgage thats 90K upside down and not interested in staying here. We now have plenty of income, verifyable, Wondering if there was a way to get another mortgage and walk away from this one. I know sounds bad, but we have tried modifying with lender, they're no help, cant sell so upside down, just hate to waste so much money when we could rent or buy for half the price.

              Any help or direction to answers would be appreciated!! Thanks again for all your sharing.

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              • #82
                Hi Larryt - I am guessing not - I haven't had any luck with obtaining a mortgage a year after our bk discharge. I am out here for some hope. Good luck - if I find anything I will let you know!

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                • #83
                  Originally posted by larryt View Post
                  Hi all, many thanks to everyone, you have helped my family through a lot of stress. Im not sure where to find the right answer so Im hoping someone here can direct me.

                  We are discharged from ch 7 (5/21/11). In a not reaffirmed mortgage thats 90K upside down and not interested in staying here. We now have plenty of income, verifyable, Wondering if there was a way to get another mortgage and walk away from this one. I know sounds bad, but we have tried modifying with lender, they're no help, cant sell so upside down, just hate to waste so much money when we could rent or buy for half the price.

                  Any help or direction to answers would be appreciated!! Thanks again for all your sharing.
                  LarryT - I hate to be the bearer of bad news, but your looking at 3 years past discharge, and 3 years past foreclosure date. Even with good income, steaqdy job, assets.....

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                  • #84
                    Just wanted to touch base and say that I am SO SO SO happy that we waited to buy our home now and didn't jump into it 2 years post BK. We are so much more financially stable and have a savings. It is a much better feeling. We just locked into today on a property at 3.75% and are just waiting to hear if the sellers accepted our counter offer. We are moving out of the california market to Dallas and are so happy. Hope everyone is doing well. Cindy
                    Chapter 7 Pro Se....Discharged Feb. 2006

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                    • #85
                      It feels good to hear success stories. I am at 2 months after discharge. I was overseas for a year, so had to declare bankruptcy to get out from under my house. Now I have fairly large down payment. I have heard with a large enough down payment you can get mortgage right after discharge. Does anyone know which bank should I contact?

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                      • #86
                        Have not found anything available for someone fresh out of BK, even with big money down. Have heard of hard money lenders out there, but never talked to anyone who used one.

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                        • #87
                          Originally posted by Ozzi View Post
                          It feels good to hear success stories. I am at 2 months after discharge. I was overseas for a year, so had to declare bankruptcy to get out from under my house. Now I have fairly large down payment. I have heard with a large enough down payment you can get mortgage right after discharge. Does anyone know which bank should I contact?
                          My understanding is that you can't get a FHA loan until 2 years after bankruptcy, but I'm sure you could get a loan elsewhere. The problem is that FHA loans typically have the lowest interest rates from what I've been told. I haven't filed yet, but I was hoping not to have to wait 2 years to buy also. We'll see.

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                          • #88
                            Has anyone bought a home 1 to 2 years while still in Chapter 13. FHA guidelines say you can after 1 year. I'm looking to see if anyone has done. it.

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