Foreclosure in 85257>Question Details

Chips, Renter in 85257

I quit claimed our home, then me and my husband divorced before he declared bankruptcy. Home is now in foreclosure. Am I liable?

Asked by Chips, 85257 Mon Mar 21, 2011

Help the community by answering this question:


Please consider speaking with an attorney, no agent nor Realtor should be giving you legal advice. You may want to speak with either a banruptcy or real estate attorney.

Best of luck.
1 vote Thank Flag Link Tue Mar 22, 2011
In order to best protect yourself do consult with your attorney, he/she can best advise as it relates to your specific situation--you may be liable...
1 vote Thank Flag Link Mon Mar 21, 2011
if you signed the loan application then YES you are still liable.
1 vote Thank Flag Link Mon Mar 21, 2011
This is a legal question which should be answered by your Divorce attorney and possibly a real estate attorney.

Generally a quit claim only relieves any ownership claim to the property, not any liens associated with it. However, you may have some other documents within you divorce or at the time of the quit claim which we are not privy to.

Please contact your divorce attorney.
Web Reference:
0 votes Thank Flag Link Tue Mar 22, 2011
Almost certainly.

When you transfer your interest in a property, like with a Quit-Claim Deed, you give up your rights to the property, but you don't escape the lienholders. To do so requires their active consent, which they are so not likely to give you.

All the best,
0 votes Thank Flag Link Mon Mar 21, 2011
Was the divorce finalized before the Bankruptcy was filed? Also, was the property conveyed in the divorce decree to your ex husband? Technically your still liable because your on the loan originally. Call me and I can give you some options.
0 votes Thank Flag Link Mon Mar 21, 2011
My guess is that you are still on the mortgage but not the deed so it would seem the bank would still have recourse. Best to seek the advice of the attorney where you got the divorce or the quit claim.
0 votes Thank Flag Link Mon Mar 21, 2011
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