Does Chapter 13 release you from mortgage loan obligations? Massachusetts

[songe-d-automne]

What is the name of your state (only U.S. law)? Massachusetts

My ex-husband wants to sign over his half of our house to me, but worries that he will still be obligated for his half of the mortgage loan even if he signs the quitclaim.

He filed Chapter 13 bankruptcy in 2012, the house was part of it. What I want to know is if he signs it over, would he be responsible even though he filed bankruptcy on it?

I also filed Chapter 13 but included the back mortgage payments in mine and have been paying for the house. He has not lived here nor paid anything toward the mortgage since 2007 even though his name is on the loan.

I went to see a local Real Estate lawyer about this. He told me he knew nothing about bankruptcy and told me to see a bankruptcy lawyer - he was the one who told me to see a Real Estate lawyer. I paid $125 for 10 minutes of the Real Estate lawyer's time for him to give me this stellar piece of information.

Because my ex-husband owns half, I am unable to file for hardship (which I need to do, as I am behind on payments) or really do anything with the property. I also don't want to spill thousands of dollars into a house I may never completely own. Any info, or pointing me to someone with info would be great.

 

[justalayman]

Chapter 13 bankruptcy is not a cancellation of obligations such as a chap 7 is. It is a plan where some debts are discharged but more prominent is it is a payment plan imposed by the bank on the remaining debts. If he remained obligated under the chap 13 then he remains obligated until the debt is paid off.

So yes, if he is liable now he will be liable after relinquishing his ownership interest.