How I can save my MPDU house if my name is not in loan and I'm in separate my husband don't want help ?

Asked about 2 years ago - Clarksburg, MD

my husband name on loan and I'm just in deed he didn't pay morge from jan 2010 .we r in separated .he didn't share it with me .i got the protection order from court .hes not living in my house I want save my house but bank not gaving me ant information till he write letter to the bank and he don't want do that.how I can save my house I have 12 years old son we r so upset.where I have to beginning to do and save my house?

Additional information

No I can't but judge told me if I can save or have to move and rent he have to pay me now he's paying $900 but the bank not gaving me any information .and I have my name before loan on house.

Attorney answers (3)

  1. Robinson Sean Rowe

    Contributor Level 8

    1

    Lawyer agrees

    Answered . If you are on the deed, is it safe to assume that you were part of the MPDU qualification process? Or did you add it on after you settled on the MPDU?

    If you were on from the beginning, you are a qualified party. Your attorney should manage the property through divorce, and you can continue making payments until you refinance the property.

    Are you able to afford the current mortgage on your own?

  2. Craig W Stewart

    Contributor Level 4

    Answered . File bankruptcy, either chapter 7 if you wish to surrender the property or chapter 13 if you wish to retain it.

  3. Marc Robert Kivitz

    Contributor Level 8

    Answered . If your name is on the Deed to the house, any bankruptcy filing will stop a foreclosure sale by the bank. If you want to keep the house, a Chapter 13 bankruptcy case would give you a chance to begin making the regular monthly mortgage payment but you would also have to have a budget with some money left over each month to pay to the Court in order to repay over time (perhaps over 5 years) the mortgage payments that were missed -- called an "arrearage". I have practiced in the field of bankruptcy law for more than 33 years.

    This response is not legal advice and does not create an attorney-client relationship between you and my office. At this point in time, I am not your attorney and you are not my client, nor does this response substitute for an in-person or telephone consultation about your specific legal issue. If you wish, please contact my office at 410-625-2300 or by email at mkivitz@aol.com. I would be pleased to discuss your concerns.

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