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.
Lawsuit / Dispute Attorney
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.
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.
1 found this helpful
1 lawyer agrees