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My husband and I have been seperated for many years, he purchased a house but walk away from it and move out of state.

Chicago, IL |

Now they are coming after me, my name is no where on the house in fact I purchased my own house in 2010. I don't know what to do I have two kids to support and my own house note and I just recently filed chapther 13.

Attorney Answers 2

Posted

General rule is that if you did not sign the note, the lender will not be able to collect any money from you. It is common for the lender to include the name of the spouse (even if the spouse is not on the deed) in the foreclosure suit, but that does not mean you will be responsible for any debt.

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Asker

Posted

Thank you so much, I was really concern because he left and went to another state, and they can't find him and they are bothering me not sure how they found out where I live at. But thank you again

Posted

There are a few issues that need to be considered that are not addressed in your question. First, did you sign the note representing the loan to your estranged husband's property? If not, they cannot come after you for the money. Second, if you are on the note, did you include that debt in your Chapter 13 bankruptcy? If you did (and if you didn't, talk to your bankruptcy attorney), that debt should be included in your Chapter 13 plan. Talk to your bankruptcy attorney further about the debt. Bring in the loan documents so that he or she can better evaluate your issue.

The information in this answer is not intended as legal advice nor do I intend to create an attorney-client relationship with any reader simply by answering this question or contributing as a member of AVVO.

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Asker

Posted

Thank you so much, no I did not sign the note my name was no where on the loan, but he move to another state and since they can't find him they are sending the summons to court in my name and they are mailing his stuff to my house. I'm trying to get a divorce but just don't have the money right now. But again thank you so much, I could not sleep last night.

Mara Ann Baltabols

Mara Ann Baltabols

Posted

You're welcome, it wouldn't hurt to consult further with an attorney. I would imagine that the only thing you have to worry about is if your husband is still on title to your home, that in the future, if his creditor gets a judgment against him, the creditor becomes a judgment creditor could put a lien on your home (again that would only be ok if your husband is still on title). So, if your husband is on title to your home, that may be another issue you may want to consult with an attorney on.

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