What to do if my ex-husband’s name is still on the mortgage for the home that I and the children live in?

UPDATED: Sep 8, 2013

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What to do if my ex-husband’s name is still on the mortgage for the home that I and the children live in?

I’ve tried to remove his name from the mortgage by release of liability and refinance. However, I’ve been unsuccessfully because of a time-share property foreclosure on my credit report. He now is filing for Chapter 7 and is surrendering his rights to the home. Do I need to be concerned that I will lose the home even though the mortgage payments are current?

Asked on September 8, 2013 under Bankruptcy Law, South Carolina


Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

Mortgage laws are state specific.  In most states, however, a lender (mortgage sompany) could not bring an action for foreclosure unless there is a default. To be on the safe side, I would recommend conferring with an attorney who has expertise in the field in your juristction to get an opinion.  It may cost some money, but it would be worth the peace of mind.

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