My ex husband is filing bankruptcy on the house that I live in that is in both of our names. How can I re affirm the loan cause he is not going to?

Asked by Blondie, 85286 Mon Nov 22, 2010

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14
James Wehner, Agent, Scottsdale, AZ
Wed Nov 24, 2010
I'm going to say talk to your ex-husband first to try and work something out, that is if you are still on good terms with him. If not, I'm going to have to go with the rest of the other previous answers.
Web Reference:  http://www.jameswehner.com
0 votes
Doug McVinua, Agent, Gilbert, AZ
Mon Nov 22, 2010
Blondie

The responses below have covered the "get an attorney" very well.

Is the home worth what you owe against it? Do you qualify on your own to buy it?

Matt Puzz provided an answer below, Matt would be a good mortgage person to discuss your ability to qualify.

I could provide some numbers to help you with the real value of the home if you need that component?

Doug McVinua
HomeSmart

http://www.McVinua.com
Web Reference:  http://www.McVinua.com
0 votes
Roswell Moore…, Mortgage Broker Or Lender, Scottsdale, AZ
Mon Nov 22, 2010
@Jay Thompson ; guilty as charged, Jay, sorry about that. It's a pet peeve of mine as well, seeing the same answer given multiple times. Interesting though that when I started to answer this question, Stephanie Weiss was the last answer.
0 votes
Roswell Moore…, Mortgage Broker Or Lender, Scottsdale, AZ
Mon Nov 22, 2010
Hi Blondie,

I am sorry to hear that you & your husband are in this situation. May I ask if you have you presented this question to your husband's bankruptcy attorney? The attorney should be able to give you the best answer before you ask your bank who holds the loan.

Good luck with everything,
Ros

Roswell Moore, CMPS
Certified Mortgage Planner
480-422-5095 direct

We are a Direct Lender, Mortgage Bank where we originate, process, underwrite and fund FHA, VA, USDA, Jumbo, Conventional, loans to Canadians & other Foreign Nationals, on time. NMLS ID 263779 | AZ BK 0903725
Web Reference:  http://www.ezAZloan.com
0 votes
Jason Whaley, Agent, Mesa, AZ
Mon Nov 22, 2010
This is way out of bounds for most of us. I have an attorney for you to call. His name is Mark Victor. You can contact me to get his #.
Web Reference:  http://www.SearchAZmls.com
0 votes
Loren Hoboy, Agent, Phoenix, AZ
Mon Nov 22, 2010
Consult a Real Estate Attorney immediately. Give him your ex-husbands Bankruptcy attorney's name and that of your divorce attorney.
I would ignore much of the advice you get on this blog as being incomplete at best. If your ex files bankruptcy and you don't, yet you jointly own the property and are still on the loan together, there are complex issues that only a lawyer should provide advice on.
0 votes
Matt Puzz, , Phoenix, AZ
Mon Nov 22, 2010
I have a real estate attorney for you, call me.

Matt Puzz
Licensed Loan Originator
Amerifirst Financial, Inc.
602-410-9333
Web Reference:  http://www.mattpuzz.com
0 votes
Anna M Brocco, Agent, Williston Park, NY
Mon Nov 22, 2010
In order to best protect yourself, consider consulting with an attorney who specializes in real estate--he/she can best advise--then go from there.
0 votes
Stephanie We…, Agent, Gilbert, AZ
Mon Nov 22, 2010
Blondie,
Is your name on the loan also? Is there any equity in the home? Are you able to pay for the home by yourself? There are a lot of variables in this question that really require legal assistance. I'm not sure if you're still able to "talk" to your ex about excluding the home if you are able to pay by yourself. Once the bankruptcy trustee gets a hold of this, you have no control, but if I were you and in your situation, from a "personal" standpoint, I would first try to talk to my ex. If that didn't work, I'd find out who is handling the bankruptcy and speak to them then I would call the lender and discuss it with them. It's a complicated situation and this in no way represents any type of legal advice.
0 votes
Jack Zurn, , Scottsdale, AZ
Mon Nov 22, 2010
You have a simple question with a complicated answer. Please give me a call and we can discuss.

Thank you,

Jack Zurn
Long realty the Fox Group
602-741-8544
602-790-7966
480-759-1576
0 votes
Chris Dunham, Agent, Gilbert, AZ
Mon Nov 22, 2010
Hello,

You are going to need to consult your Bankruptcy attorney. It is very important you continue to make all your payments on time, during this process, your attorney will discuss with you to re affirm the mortgage loan.

If you don't currently have a Bankruptcy attorney, I would give Chris Dutkiewiecz a call, He is a great buy, honest and very good at what he does. 480-505-1877

Best of luck!
0 votes
Chris Dunham, Agent, Gilbert, AZ
Mon Nov 22, 2010
Hello,

You are going to need to consult your Bankruptcy attorney. It is very important you continue to make all your payments on time, during this process, your attorney will discuss with you to re affirm the mortgage loan.

If you don't currently have a Bankruptcy attorney, I would give Chris Dutkiewiecz a call, He is a great buy, honest and very good at what he does. 480-505-1877

Best of luck!
0 votes
Chris Dunham, Agent, Gilbert, AZ
Mon Nov 22, 2010
Hello,

You are going to need to consult your Bankruptcy attorney. It is very important you continue to make all your payments on time, during this process, your attorney will discuss with you to re affirm the mortgage loan.

If you don't currently have a Bankruptcy attorney, I would give Chris Dutkiewiecz a call, He is a great buy, honest and very good at what he does. 480-505-1877

Best of luck!
0 votes
Anna M Brocco, Agent, Williston Park, NY
Mon Nov 22, 2010
In order to best protect yourself, consider consulting with an attorney who specializes in real estate--he/she can best advise.
0 votes
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