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My attorney listed my ex-husband's property on Schedule A Real Estate, which I never was on the deed or mortgage and not my home

Lexington, KY |

I planned on keeping my home, my attorney knew this but did not give me opportunity to re-affirm. Now wanting 300$ to re-open. Also as I stated above she listed my x husband home on schedule A, the only place my mortage appears is under the list of debits. I would like to neog. my rate can I if only on my job 3 months and it was discharged against my wishes. And can my lawyer say the mistakes aren't there and forget about it?

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Attorney answers 1

Posted

I am not sure the facts are clear enough to answer your question. You filed bankruptcy. Your ex-husband had a piece of property in his name, with a mortgage and loan, in his name only. Did you get the house in the divorce? Is this the home you planned to keep? If you got the house but it had not been legally transferred at the time you filed bankruptcy, it still had to be listed in your schedules. If you are not on the loan you cannot reaffirm it. You can continue to make the payments, and the bank will usually be happy to accept them. The debt was listed on your schedules (I am guessing) because there is a mortgage against the property, not because it was a debt you owed. A loan taken out by your ex-husband would not be discharged in your bankruptcy - your discharge only discharged your debts. You are free to try and refinance or see if the lender will let you assume the existing mortgage - but why take on debt when you don't have to? Make the payments on a loan not in your name until you are in a better credit position to either refiinance or sell the place and get better terms somewhere lese.

Asker

Posted

I'm sorry, I should have explained. Both my husband and I owned separate homes prior to marriage. i kept mine and he his. There was no transfer of property at all. My home which I owned prior to my marriage is in my name. My lawyer listed my Ex's home on the real estate section of my bankrupcy, not my home. I was never on any other property beside my own. So because my lawyer listed my x husband's property on the Real Estate page not mine. How does that effect things? Especially if I want to re-affirm?

Asker

Posted

I'm sorry, I should have explained. Both my husband and I owned separate homes prior to marriage. i kept mine and he his. There was no transfer of property at all. My home which I owned prior to my marriage is in my name. My lawyer listed my Ex's home on the real estate section of my bankrupcy, not my home. I was never on any other property beside my own. So because my lawyer listed my x husband's property on the Real Estate page not mine. How does that effect things? Especially if I want to re-affirm?

Allan M. Darish

Allan M. Darish

Posted

I think I understand now - your real estate, which you have always owned, was not listed; you ex-husband's house, which you had no interest in that survived the divorce, was listed. The debt on your home was listed - was an intention stated as to that loan? From a practice standpoint, I almost never advise clients to reaffirm mortgage debt. There is no legal advantage to be gained, and the potential for future problems on such a large debt is significant if you cannot pay at some future date. If your lender is participating in one of the loan modification programs being pushed by the government, they cannot use your failure to reaffirm as grounds for refusing to modify your loan. For owners with little or no equity, or even negative equity in their home, reaffirming a mortgage is not a good idea. If you are making your mortgage payments but they are not being reported to the credit bureaus because the debt was discharged, you can request a payment history from the lender and have it posted to your credit report.

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