I was wondering how I need to answer the court, if I have no interest in the home, and I welcome a speedy foreclosure. I surrendered the house in my bankruptcy, which was discharged several years ago. My wife, who I am separated from, was also served, however, she was not on the note/loan for the house, and gave up her interest in the home by signing a quit claim deed when we initially separated, which was before there was any default. Does she need to answer? Am I responsible for any costs dealing with this lawsuit, or does bankruptcy protection protect me?
It appears that you (and ex-wife) no longer have any interest in the property. Assuming your bankruptcy was properly completed with a discharge, you are not personally liable for the debt. However, the title to the property stays in your name until foreclosure. You could complete a debt-in-lieu, or work out some other arrangement with the lender to turn over the property (but I would suggest you consult an attorney before embarking on any legal manuvers because you will want to make sure your bankruptcy protection stays in place).
I agree with Mr. Cabanas. If your bankruptcy was completed and resulted in a discharge, you no longer have any obligations for the home. If your ex-spouse was not on the note then she'll not have any obligations either. Given that, no need to respond unless you want to avoid the foreclosure.
Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
If neither of you want the property and all that they are doing is foreclosing you may not want to do anything that delays that process. If you filed bankruptcy you are not personally liable anymore, but they do need to do the foreclosure to get legal title to the property.
By responding to your question I do not intend to create, nor does it create an ongoing duty to respond to questions or an attorney-client relationship. My response is intended to be only my educated opinion and it should not be relied upon as legal advice. My response is based upon the facts provided and to the extent additional or different facts exist, my response might be different. I am an attorney is licensed to practice law only in Florida. To the extent that I am responding to a question posed by an individual in a different state, my response is being given to generally respond and the questioner is ALWAYS advised to consult a local attorney for a more specific and definitive answer to the question posed.
I agree with the other answers, but feel free to contact us for further information-
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