Divorced in 2011--Ex now filing bankruptcy

[doomed]

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


My ex and I divorced in 2010. We had no children together, only a manufactured home. My ex wanted the house re-financed but because she made the most money, I was unable to refinance the house just on my income alone. We agreed that I would take the home and the negative equity.

I feel upon hard times and was unable to make a mortgage payment for 3 months. The mortgage company was working with me to get the payments caught up but it has been showing up late on both our credit reports.

I went to make my mortgage payment for this month and the mortgage company refused the payment. I called them and they said that my ex-wife has filed bankruptcy and she has included the house in her bankruptcy and they are unable to accept my payment at this time. They said that I will need to either pay the home in full or find a way to get the home refinanced.

What are my options? How can they not accept my payment? Am I going to lose my home because my ex-wife has filed bankruptcy and included the house?

What can I do?

 

[Ohiogal]

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


My ex and I divorced in 2010. We had no children together, only a manufactured home. My ex wanted the house re-financed but because she made the most money, I was unable to refinance the house just on my income alone. We agreed that I would take the home and the negative equity.

I feel upon hard times and was unable to make a mortgage payment for 3 months. The mortgage company was working with me to get the payments caught up but it has been showing up late on both our credit reports.

I went to make my mortgage payment for this month and the mortgage company refused the payment. I called them and they said that my ex-wife has filed bankruptcy and she has included the house in her bankruptcy and they are unable to accept my payment at this time. They said that I will need to either pay the home in full or find a way to get the home refinanced.

What are my options? How can they not accept my payment? Am I going to lose my home because my ex-wife has filed bankruptcy and included the house?

What can I do?

You need to refinance. End of story. If you can't do it by yourself, you need a co-signer. You put your ex in a bad position by being unable to pay for 3 months. Truthfully, expect that she might sue you for the harm you caused her. Your ex-wife had to include the house because she was still responsible for it.

 

[LdiJ]

You need to refinance. End of story. If you can't do it by yourself, you need a co-signer. You put your ex in a bad position by being unable to pay for 3 months. Truthfully, expect that she might sue you for the harm you caused her. Your ex-wife had to include the house because she was still responsible for it.

I agree with this but I find the mortgage company's attitude a little peculiar. It is VERY common in a bankruptcy for house payments and car payments to still get made and often reaffirmed. I find it really odd that they actually refused his payment. Its not in their best interest to foreclose on a manufactured home.

Perhaps the bankruptcy was just the final straw. Dude you need to find some way to refinance even if you have to get a cosigner. However, be kind if someone cosigns for you and make sure that your mortgage payments are your absolute priority. Its not fair to wreck someone else's credit just because you have fallen on hard times.

 

[latigo]

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

My ex and I divorced in 2010. We had no children together, only a manufactured home. My ex wanted the house re-financed but because she made the most money, I was unable to refinance the house just on my income alone. We agreed that I would take the home and the negative equity.

I feel upon hard times and was unable to make a mortgage payment for 3 months. The mortgage company was working with me to get the payments caught up but it has been showing up late on both our credit reports.

I went to make my mortgage payment for this month and the mortgage company refused the payment. I called them and they said that my ex-wife has filed bankruptcy and she has included the house in her bankruptcy and they are unable to accept my payment at this time. They said that I will need to either pay the home in full or find a way to get the home refinanced.

What are my options? How can they not accept my payment? Am I going to lose my home because my ex-wife has filed bankruptcy and included the house?

What can I do?

Well you are in a tough spot obviously, but don't blame your wife. She had no choice but to include the house. It is required by federal law that all debts and assets be include in the debtor's schedules.

Her bankruptcy may have in part precipitated the lender's decision to call the note due, but largely I think it is because of your letting the payments slide for three months.

Be aware that because of her filing the status of the mortgage is a bit in flux. Before the creditor can exercise its security interest in the house (foreclose) the Trustee assigned to your ex's bankruptcy case will need to abandon her interest in the house.

What I would have you do is to get in touch with her Trustee and explain your predicament. He or she may have a solution.

If you don't know what I mean by Trustee or how to make communication, say so.