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Removing wife's name from the deed after Chapter 7 BK but before FC

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    Removing wife's name from the deed after Chapter 7 BK but before FC

    I live in NJ. I filed Chapter 7 BK was discharged in year 2010. The mortgage was included in the BK discharge and FC is still undergoing.
    Here is the question : My wife and I both are on the deed but I was the only one on the mortgage. So, when filing BK, it was only me who got the credit impact, not my wife. As FC is approaching, I am concerning if I have to remove my wife’s name from the deed so that she can keep her credit in good standing. Any thoughts? Thanks.

    #2
    If she is not on the (mortgage) Note, then she would not be impacted. If you want to perform a QC (quit claim) from her back to you, that' should be fine. However, the Mortgage company is likely required to still name her in the foreclosure suit since she is your spouse and she does have a legal interest in the home... even if she doesn't "want" the home.
    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.

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      #3
      Originally posted by justbroke View Post
      If she is not on the (mortgage) Note, then she would not be impacted. If you want to perform a QC (quit claim) from her back to you, that' should be fine. However, the Mortgage company is likely required to still name her in the foreclosure suit since she is your spouse and she does have a legal interest in the home... even if she doesn't "want" the home.
      justbroke, Thank you. It is good to hear my wife doesn't get hit. I do not know much about QC though.

      Comment

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