Mortgage in both names

[iaminsman]

I am filing c7, but my home mortgage is in both my name and my xwife's name. We also had a HELOC on the house in just her name. During the divorce, I agreed to take the house and both the mortgage payments. Now that I am filing I am going to surrender the house because the value of the house is less than the amount I owe on the house. I was going to try to refinance before I was even thinking about filing my C7 but it is hard to do when you are at a 110% loan to value on your home nowaday's!! I have been divorced for over 2 years and she and I do not have a good relationship- we do not talk at all....ever.... Here are my questions:

1. Is my xwife going to be receiving calls from the mtg co and will she truly be responsible for this debt if the house is foreclosed.

2. Does she have any legal means to sue me due to the fact that it was my responsibility to pay these mortgages?

3. Does anyone have any good advice for dealing with this situation? I know someone has dealt with this before!

[hnhlvr]

Is your wife's name is still on the mortgages? If so, you should resolve that ASAP!!!

Are you behind on the payments at all? Do you realize your actions will destroy her credit if you're behind on payments with her still on the loan? We're talking her credit score going down HUNDREDS of points!

Talk to a lawyer.

[iaminsman]

Yes, her name is still on the mortgage because I can't refinance it. I am not behind on the payments at all yet, but I don't know what to do to take her off without refinancing

[hnhlvr]

Okay, I'm definetly not the right person to answer all your questions, but make absolute sure the mortgage co has your current phone number. My mortgages were *only in my DH's name*, but since I made payments on the first mortgage by phone using *my cell*, I get two collection calls a day from them and my DH gets zero. The second was ALWAYS paid by mail and after 3+ months, that mort. co still hasn't called me.

Have you already hired an attorney?

[AngelinaCat]

Hi iaminsman, I'm not the right person to answer all of your questions either, but I'll give a piece of advice: When you go to your 341, in addition to the DL and SS card, bring a copy of the Divorce Decree as well--just in case....

Good luck.

[iaminsman]

I have hired an attorney, but he just says that I shouldn't even call her and let her know what I am planning on doing. I don't necessarily feel like that is right to do, but I guess he knows best? The mortgage company has both of our phone numbers, so I don't know what is best to do...

[hnhlvr]

This is difficult because you haven't said why you and your ex are on such bad terms and I *DO NOT* even want to know why! Maybe that is why your attorney is recommending what he is (he knows more history than what you've posted). . .either way, I think it's kind of messed up to just lump her into the foreclosure and I would get a second or third LEGAL opinion before moving forward.

The first lawyer I talked to gave me bad advice. Not all attorneys are created equal.

[BKParalegal]

There are some funky laws in regards to divorce and BK. Especially if you have a divorce decree that states you were to remove her name from the mortgage etc. If that is the case, she could file an Adversary and I almost guarantee the judge will rule that the debt will not be dischargeable and you will be stuck with it...along with her.

Good Luck