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01-28-2008, 12:24 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 6
| | | Title in my name, Mortgage in mine and Ex-Wife who filed bankruptcy
Pennsylvania.
My situation: I have sole title to my house. Ex-wife still on mortgage. I keep getting papers from her Bankruptcy case to remove automatic stay from the court because I am behind two payments. what do I do???? The mortgage company says I am behind one month, but the court papers requesting the removal of automatic stays says a differerent amount. If I just caught the Mortgage up does that stop the courts action? Or is my ex wifes Bankruptcy stopping me from doing this....Is it my ex wife that is causing the action by the court due to her bankruptcy. Please help not sure what to do? Should I pay the mortgage company?
Ken |
01-28-2008, 01:11 PM
| | Member | | Join Date: Sep 2007 Location: Texas
Posts: 94
| |  This Wont be Cheap
Ken,
I am in TX and I just returned from the courthouse and have been in the same boat as you are now for the past 3 years. Turns out, if she is on the mortgage, whether or not she is on the official title/deed of record, she has an "equitable" interest in the house. I am guessing she did not claim it as exempt, since she is your ex, and probably not living there. You need to file a creditors claim now and show up at the 341 meeting with all the paperwork proving she has not put any monies toward the house....or at least prove you have paid the majority. The trustee motion to sell her half interest in the house, either back to you, or she has the power to seize and sell the home outright, with or without you. I feel for you AND me. Start socking away moneyand get yourself a good atty, preferably one that either has been or is a bankruptcy trustee.....I really am sorry |
01-28-2008, 01:34 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 6
| | | hmmm
That makes no sense, because if I could refi ro get a new loan she would be gone. Maybe you can enlighten me, because she has no claim on the house. |
01-28-2008, 03:31 PM
| | Member | | Join Date: Sep 2007 Location: Texas
Posts: 94
| |  REFI...Run! Dont Walk!
Ken,
I have learned the hard way that the bk courts do not really care if things "make sense" or not. This is Federal Court, and they make their own rules. Please go back and read my earlier posts. BUT...before that, before anything, refinance now if there is any possible way that you can. Heck, to keep you from going through the same h*** I have, I'd even loan you the money! Too bad I am having to pay the bk court with it next week so that I can buy my own house back!
PM me if you wish....and I will PM you now with my chat addys. I will help you all I can... |
01-31-2008, 10:12 AM
| | Junior Member | | Join Date: Jan 2008
Posts: 6
| | | Not true
Your assessment is incorrect. As I found out- she has no claim in the house (I have a clear Warranty Deed not a quit claim). What the game is though: because of her Bankruptcy and me being behind 2 payments....there are also legal fees for trying to remove the automatic stay by the Firm the mortgage company employs that I will have to pay inaddition to the back payments. This will reinstate the automatic stay and put the mortgage current.
Thanks for you input though as no others bothered!
Peace Ken |
01-31-2008, 11:35 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 71,213
| | Quote:
Originally Posted by orchidmoon  Your assessment is incorrect. As I found out- she has no claim in the house (I have a clear Warranty Deed not a quit claim). What the game is though: because of her Bankruptcy and me being behind 2 payments....there are also legal fees for trying to remove the automatic stay by the Firm the mortgage company employs that I will have to pay inaddition to the back payments. This will reinstate the automatic stay and put the mortgage current.
Thanks for you input though as no others bothered!
Peace Ken | **A: you are way off base here. |
01-31-2008, 12:12 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 6
| | | ? this you helping?
? this you helping? |
01-31-2008, 12:14 PM
| | Senior Member | | Join Date: Oct 2005 Location: Ohio (southwest)
Posts: 2,250
| | Quote:
Originally Posted by orchidmoon ? this you helping? | English, only, please . . . |
01-31-2008, 01:21 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 6
| | Quote:
Originally Posted by HomeGuru **A: you are way off base here. | \\
Which Base? |
02-01-2008, 12:33 AM
| | Member | | Join Date: Sep 2007 Location: Texas
Posts: 94
| |
Ken,
It is the court's decision now who and who does not have rights to the house. She can go so far as to submit an affadavit that she doesnt want the house and does not own the house. It does not matter. As far as the court is concerned, as soon as she filed bk, with the house included in her schedules THEY took ownership. Please let me know if I can help you in any way. |
02-01-2008, 12:35 AM
| | Member | | Join Date: Sep 2007 Location: Texas
Posts: 94
| |
The automatic stay and whether you are current on the payments has nothing to do with it. |
02-01-2008, 05:15 PM
| | Junior Member | | Join Date: Jan 2008
Posts: 6
| | My Ex says that the mortgage is not included in her Ch. 13? She is not claiming to have any interest in the house. So, In the meantime, I am waiting for a "reinstatement" figure from Wells Fargo's Lawyers.
A great page on this process
[url]http://wiki.answers.com/Q/What_is_a_Motion_for_Relief_from_Stay[/url]
Thanks much. I'll keep ya posted on how this all plays out  | |
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