krissy42870
Junior Member
What is the name of your state?in
Does anyone have any experience with a situation like this... My husbands ex-wife received the house in the divorce decree 4 yrs ago, with the stipulation that she would refinance the mortgage within 18 months. Well, she did not. She filed bankruptcy on a boat load of medical debt and promised to reaffirm on the house loan. Something happened and she did not reaffirm. She stopped making payments sometime last summer, and now the house is in foreclosure proceedings. We didn't learn any of this until November, through our attorney digging. She is still living there but has now "allowed" us to list the house up for sale.
There will most likely be a deficiency when the house sells. Since she filed bankruptcy on the home, the mortgage companys will not go after her, only my husband.
We do have a court date in 2 weeks to try to get her to move out so we can "fix" up the house for sale, and try to make her liable for any $$ losses he suffers.
My question really is, Can the judge that signed the divorce decree hold her liable for the incurred costs to my husband since she did not fullfill her agreement? even though she filed bankruptcy on those debts?
Thanks
Does anyone have any experience with a situation like this... My husbands ex-wife received the house in the divorce decree 4 yrs ago, with the stipulation that she would refinance the mortgage within 18 months. Well, she did not. She filed bankruptcy on a boat load of medical debt and promised to reaffirm on the house loan. Something happened and she did not reaffirm. She stopped making payments sometime last summer, and now the house is in foreclosure proceedings. We didn't learn any of this until November, through our attorney digging. She is still living there but has now "allowed" us to list the house up for sale.
There will most likely be a deficiency when the house sells. Since she filed bankruptcy on the home, the mortgage companys will not go after her, only my husband.
We do have a court date in 2 weeks to try to get her to move out so we can "fix" up the house for sale, and try to make her liable for any $$ losses he suffers.
My question really is, Can the judge that signed the divorce decree hold her liable for the incurred costs to my husband since she did not fullfill her agreement? even though she filed bankruptcy on those debts?
Thanks