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Will my name remain on a mortgage after filing ch 7? I am divorced, ex spouse not filing BK and we are both on mortgage.

Island Lake, IL |

My ex is keeping the house and although he has been behind on payments, he is currently in a trial period for a modification. Will my name come off the mortgage and if not will I be able to obtain another FHA loan in the future? I'm afraid I won't be able to move forward if he doesn't refinance or let the house go in foreclosure.

Attorney Answers 6


  1. If the modification goes through, you will be off the mortgage, just as if there were a complete new refinance.


  2. If you receive a discharge then you will no longer owe the mortgage company. you also will have the Chapter 7 on your credit report for 10 years which will make it pretty difficult to get another loan in the future.

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  3. Your discharge should relieve you of responsibility for any deficiency on the mortgage. You should review any separation agreement you made during the divorce to see if you are responsible for the mortgage or have any claim to equity in the home. Be sure your bankruptcy lawyer sees a copy of it.

    For informational purposes only. Not legal advice.


  4. Your name will not come off the mortgage though your personal liability for the mortgage will be discharged. Nonetheless, it will be difficult to get a new mortgage in your sole name until the old mortgage is foreclosed, the property is sold or the mortgage is refinanced in your ex'es sole name.

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  5. I would add to earlier answers that your ex-husband may find that your bankruptcy interrupts the modification process and/or that you will have to participate in the modification process.

    The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.


  6. If you file bankruptcy, you will no longer be personally liable for the debt. However, your name will still be on the mortgage (lien) that the bank has. This just means that you may be sued for technical reasons only (not for the debt) in the future if your ex doesn't keep up the payments and goes into foreclosure. As for getting a new loan, until the old loan is refinanced and taken out of your name it may be difficult to get financing especially with the bankruptcy.

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