Can the bank come after me for payments or mortgage deficiency if they foreclose on a house that I quitclaimed to my ex-wife?

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Can the bank come after me for payments or mortgage deficiency if they foreclose on a house that I quitclaimed to my ex-wife?

My spouse and I divorced about 4 years ago. At that time, I signed a quitclaim deed to the house and she stayed in it. That year, I also filed bankruptcy. I just learned that my ex has not refinanced the house and cannot qualitfy to refinance on her own. It is very likely she will default on the loan. The loan is much more than the home is valued.

Asked on January 16, 2013 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you filed for banckruptcy protection where the lender for the home that you acquired was named as a creditor and you received a discharge, then seemingly the lender is precluded from suing you for a deficiency on the loan in the event the subject home is foreclosed upon.


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