What is the law regarding divorce, bankruptcy and keeping your name on a mortgage?

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What is the law regarding divorce, bankruptcy and keeping your name on a mortgage?

I filed a Chapter 7 bankruptcy when I got divorced. My (now) ex-husband filed a Chapter 13. My discharge was 9 years ago. Now I just received notification that the mortgage debt (which I included in the Chapter 7) has been added back onto my credit report. I called the company and they said I cannot be removed from the loan but that if my ex-husband defaults I won’t be contacted. I have to submit proof to them that they have added their company to my credit report. Is it true that my name must remain on the loan?

Asked on November 13, 2014 under Bankruptcy Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Please bring your divorce documents to an attorney as well as your discharge papers. Something does not sound right.  But the outcome will depend on many things like did the bank attempt to foreclose or did your ex continue to pay the mortgage and did that in some way revitalize the debt.  This is not easy to determine without looking at the documents.  Good luck.


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