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Old 02-18-2001, 04:56 PM
LKR63
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My husband and I live in Louisiana. In his divorce settlement two years ago, he "gave" the house to his ex. The mortgage is in both their names and at the time of their divorce a 2nd mortage was in both their names. (Yes, we know what he should have done, but he didn't) Anyway, ex filed chap 13 last year and has been forced to file chap 7 (didn't make payments, etc.) Some time after divorce ex refinanced 2nd mortgage, so that's in her name only and my husband is not responsible for payment on it.

We realize by her filing chap 7, that my husband is now responsible for 1st mortgage. However, if we try to sell the house, do we have to sell it for the full amount owed ($72,000) or can we sell it for something less than that and satisfy the first mortgage ($45,000)which husband is responsible for. Our problem is that the house, as is, is not worth $72,000 and we're afraid we won't be able to sell it for that amount. Thanks.
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Old 02-18-2001, 06:25 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Your husband needs to get aproval from the BK Trustee since the property is now under BK Court jurisdiction. The BK Trustee may sell the property is a Bankruptcy sale.
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