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My ex filed for ch7, how does this affect me?

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Junior Member
What is the name of your state (only U.S. law)? Arizona

My ex and I bought a house in 93, refied in 03 (got a 1st and 2nd mortgage, total 100% of equity), separated in 07 and divorced in 09. The decree stated I got the house and I was to refi. I was unable to because of the downturn in the housing market. So my ex has stayed on the mortgages and the deed. I've been living in the house and make all the payments.

Last year, my ex filed bankruptcy (Ch7) which was resolved in Aug 2013. According to the bank, my ex (or me for that matter) are not obligated to pay the loan. I'm no longer living in the home and I'm trying to figure out my options.

My mortgage statements have this verbiage:
To the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under Title 11 of the United States code, this statement is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation.

If I want to sell the house, how do I go about that? What about refi?

What happens if I quit making payments? Will it affect my credit? BTW, I really doubt I would do this, unless I couldn't sell the house and became desperate financially.

Anything else I need to know or be aware of with my situation? I had a free consultation with a bankruptcy attorney, but because I wasn't filing for bankruptcy, he wouldn't answer any of my questions (CYA thing, I think).



Senior Member
I'm not sure you understood the bank correctly (or they stated it correctly). While your ex's responsibility was discharged for the loan and the bank could not take action while the stay was in place, you still are 100% liable for the loan. The bank can indeed come after you for the money (although in Arizona their recourse is very limited to just what they can get via foreclosure). You can sell the property or refi (though your wife will need to deed away her interest if this has not been done).

You can also be assured your credit will be trashed if you don't make the payments.

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