A collection agency called me yesterday and said I am solely liable for a $35,000 second mortgage that never got taken care of in a prior foreclosure. My ex-husband is filing for bankruptcy and according to the collection agent, he had been "removed" from responsibility on paying back the second mortgage. I am not even sure the $35,000 is a viable debt. And I assume that if my ex-husband files for bankruptcy, any creditor on any joint debt would come after me for the entire amount.
"And I assume that if my ex-husband files for bankruptcy, any creditor on any joint debt would come after me for the entire amount." That is correct.
Your ex would have discharged HIS obligation on the 2nd mortgage, but not yours. So, assuming you both signed for the 2nd mortgage, you are liable.
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General Practice Lawyer
Yes -- there are such attorneys.
And Mr. Berkus is correct with his analysis.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
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Yes, there are many attorneys that handle both. My suggestion is that you contact a local attorney to discuss your situation in more details. Your general statement that joint debts would "come after you" is probably true but there are ways to address this and be proactieve about a solution going forward.
5 lawyers agree
The creditor will come after whoever they can as long as they can. Your husband's bankruptcy removed him as a target. If you file bankruptcy, you will be relieved from the debt. Otherwise, you will have to defend the suit or pay.
Most second mortgages get nothing in most foreclosures. In that case, you owe the amount of money you borrowed if you signed the note. Based on your description, it is very likely that the debt is valid and you owe it. You may want to consider filing bankruptcy yourself.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
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