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  #1  
Old 05-04-2002, 08:50 PM
mikeva65
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Unhappy

Ex's bk and mortgage


I live in Virginia now. I am in the military, I got divorced 4 years ago in Florida. My ex and I had mutual property in the home and property we had been living in. She did not want to sell it because we had a 2nd mortgage against the property consisting entirely of her CC debt. She knew we would not be able to sell it for enough to pay off both primary and 2nd. I agreed to allow her to keep the property and use it for rental property, signed a quit claim on it. The property was foreclosed on two years later, due to non-payment. I never had any communication from the mortgage co. indicating they were going to foreclose. A year to two years later, she filed BK. The mort. co. has contacted me about two weeks ago, indicating there is a remaining balance after they foreclosed and resold the property. They stated that in order to sell the property after they took control of it, they had to do many repairs and replace all appliances. I know the place was being rented at the time, the mort co. had to evict the tenants. Ex was collecting $900/mo in rent, and it was current at the time, not sure why the mort. wasn't being payed. Do I have any recourse here? I have since gotten remarried, and we are looking at not being able to get a place to live due to the condition of my credit as a result of this loan showing on my credit report. Unfortunately, my new wife's credit is already shot from her ex.

Last edited by mikeva65; 05-05-2002 at 07:19 PM.
  #2  
Old 05-05-2002, 07:43 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Unfortunately, there may not be much you can do to get out of the debt for the short-fall from the sale of the rental property. You may have signed a quit-claim deed, but if your name was still on the mortgage, and your ex filed for bankruptcy and didn't reaffirm the house, or she kept it and then defaulted after her discharge, then you are still liable for the debt. The creditor could get a judgment against you if you don't pay them.
  #3  
Old 05-05-2002, 08:47 PM
mikeva65
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Thanks for the response.

Actually, the property was not used as residence, and she allowed it to be foreclosed on about a year prior to the BK being filed, much less discharged. Shouldn't the mort. co. have attempted to contact me at the time of the foreclosure? Or at the very least, when she filed for BK?
I am talking to a lawyer tomorrow, just looking for direction right now, ya know?
  #4  
Old 05-05-2002, 09:13 PM
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Join Date: Feb 2002
Location: Nashville,TN
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Wow.. yes, I would expect the mortgage company to have contacted you much earlier when they weren't getting paid, let alone going thru the bankruptcy if she didn't reaffirm the loan.

Good Luck !
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