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FoxyLeAnne
Guest
My husband and I are currently under Ch.13 in Georgia. My EX-husband, who now lives in New York, has dual citizenship for the US and Canada. He works in Canada, and his creditors are from the US. The house that my husband and I are currently living in is primarily in my ex-husband's name, and also in my name. At the time of the divorce, I wasn't making enough money to qualify for another mortgage loan, so my ex-husband filed a quit-claim deed on the house. After the divorce, my ex filed Ch.13, but did not file it against the house. Then he lost his job and was unable to pay the Ch.13 payments, so they dropped his Ch.13. He told me that he automatically went into manditory Ch.7. Shortly after that, he moved to NY.
Two days ago, my ex called me and told me that his creditors are after him, because Ch.7 was never filed against him back then, and that he's about to file Ch.7. Then he informed me that his lawyer has advised him to file Ch.7 against the house as well, since it has his name on it. If this happens, our mortgage company will be notified, and they will foreclose on our home!!! My current husband and I filed Ch.13 about a year ago. Therefore we are unable to get a loan or even a lease on an apartment. Not to mention, when we filed Ch.13, our attorney advised us to stop paying on our house for a couple of months so we could include that in the Ch.13, and be saving money in the meantime. Therefore, two months of mortgage payments are included on the Ch.13. A few months ago, we had some doctor's bills that were due and had to pay them right away, so we ended up getting two months behind on the mortgage payments. Therefore, for us to get caught up on the mortgage payments, we would have to come up with four months worth of payments! Am I right in saying that, if he files Ch.7, I would have to pay the mortgage up current to avoid foreclosure? Also, if he files Ch.7, could that mean foreclosure anyway, no matter what I do? If I lose my house, we will literally be homeless, since I cannot get a loan or sign a lease under my Ch.13. PLEASE HELP ME!
Two days ago, my ex called me and told me that his creditors are after him, because Ch.7 was never filed against him back then, and that he's about to file Ch.7. Then he informed me that his lawyer has advised him to file Ch.7 against the house as well, since it has his name on it. If this happens, our mortgage company will be notified, and they will foreclose on our home!!! My current husband and I filed Ch.13 about a year ago. Therefore we are unable to get a loan or even a lease on an apartment. Not to mention, when we filed Ch.13, our attorney advised us to stop paying on our house for a couple of months so we could include that in the Ch.13, and be saving money in the meantime. Therefore, two months of mortgage payments are included on the Ch.13. A few months ago, we had some doctor's bills that were due and had to pay them right away, so we ended up getting two months behind on the mortgage payments. Therefore, for us to get caught up on the mortgage payments, we would have to come up with four months worth of payments! Am I right in saying that, if he files Ch.7, I would have to pay the mortgage up current to avoid foreclosure? Also, if he files Ch.7, could that mean foreclosure anyway, no matter what I do? If I lose my house, we will literally be homeless, since I cannot get a loan or sign a lease under my Ch.13. PLEASE HELP ME!