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    Mortgage discharged?

    Hi,
    I filed chapter 7 and my mortgage was discharged. I did not reaffirm.My wife is on the note but not
    part of the bankruptcy. Will my wife be liable for the note even though it has been discharged? I have kept the payments current but I really need to get out of this house. Can we just walk away now. I live in Colorado.

    Thanks

    #2
    Great question. Can anyone help this person?

    Comment


      #3
      Originally posted by racesec View Post
      I filed chapter 7 and my mortgage was discharged. I did not reaffirm.My wife is on the note but not part of the bankruptcy. Will my wife be liable for the note even though it has been discharged? I have kept the payments current but I really need to get out of this house. Can we just walk away now. I live in Colorado.
      Yes, she is liable If you walk away, they will come for your wife. She would need to file Chapter 7 (or Chapter 13) to avoid any deficiency.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment

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