If my-wife’s bankruptcy is affecting my foreclosure is there anything that I can do?

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If my-wife’s bankruptcy is affecting my foreclosure is there anything that I can do?

Last year my ex-wife and I decided to stop making payments on our house when we divorced so we could start the short-sale process. Now that the foreclosure is starting and she decided to file for bankruptcy, which will put the sole responsibility of the foreclosure on me. In my state there is a law that my house can no longer be listed because she is filing bankruptcy. Not only will I be the only party with the burden of the foreclosure but I can’t even continue to try to sell my house in the process. Is there anything that I can do?

Asked on November 15, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you consult with a real estate attorney about the situation that you are in. If your home cannot be listed because your former wife is filing for bankruptcy protection, perhaps she could quitclaim to you her interests in the home so that you can have it listed for sale.

Perhaps that will be an option so that you might be in the process of doing a short sale. Another option would be for you to see if the lender would take a deed in lieu of foreclosure of the home that you wish to sell as a way for you to get off title to it and not be obligated for it anymore.


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