second mortgage question

[kelzz68]

What is the name of your state? this took place in Georgia

When I sold my house after my divorce, the second mortgage that my now ex husband and I took out before we were divorced didn’t show up on the title search. In the divorced papers my ex was to be responsible for the payment of the 2nd mortgage, I assumed that he had paid it and that’s why it didn’t show up when the title search we done. Several months later I was served with court papers telling me that the 2nd mortgage was not paid and that I now was being sued for it and I had a judgment filed against me. My ex husband also received court papers to the same effect, he filed chapter 13 bankruptcy and included the 2nd on it, I was told that because he filed bankruptcy that the attorney couldn’t come after me until the bankruptcy was discharged. My ex husband has just told me that after 4 years he is changing his bankruptcy to a chapter 7. My question is can I still be held responsible for the debt now that it has been declared on his bankruptcy? And how and when can I get the judgment off my credit report? Is there a time frame for the bank for collecting the debt? Please email me if you have any questions
Thank you
Kelly

 

[HomeGuru]

What is the name of your state? this took place in Georgia

When I sold my house after my divorce, the second mortgage that my now ex husband and I took out before we were divorced didn’t show up on the title search. In the divorced papers my ex was to be responsible for the payment of the 2nd mortgage, I assumed that he had paid it and that’s why it didn’t show up when the title search we done. Several months later I was served with court papers telling me that the 2nd mortgage was not paid and that I now was being sued for it and I had a judgment filed against me. My ex husband also received court papers to the same effect, he filed chapter 13 bankruptcy and included the 2nd on it, I was told that because he filed bankruptcy that the attorney couldn’t come after me until the bankruptcy was discharged. My ex husband has just told me that after 4 years he is changing his bankruptcy to a chapter 7. My question is can I still be held responsible for the debt now that it has been declared on his bankruptcy?

**A: yes, as you signed the 2nd mortgage note.
******
And how and when can I get the judgment off my credit report? Is there a time frame for the bank for collecting the debt? Please email me if you have any questions
Thank you
Kelly

**A: there is no time frame (statutes of limitations) on collection of the mortgage but the lender can foreclose due to default ie. nonpayment, term expiration etc..

 

[kelzz68]

HomeGuru,
thank you for your answer,

the bank has nothing to foreclose on...
I sold the house, the lein never showed up on the title seach
my ex filed bankrupcy and the debt was part of his bankrupcy
and if I can be held responsible for the debt, why have they not come after me.

 

[HomeGuru]

HomeGuru,
thank you for your answer,

the bank has nothing to foreclose on...
I sold the house, the lein never showed up on the title seach
my ex filed bankrupcy and the debt was part of his bankrupcy

**A: Ok, understood.
********
and if I can be held responsible for the debt, why have they not come after me.

**A: I have no idea. Ask them.

 

[amortgageman]

I would have to think that the second lien holder or the title company messed up on this one. Wonder why they never placed a secondary lien on the home.

It still does not relive the debt obligation, which should have been aattached to the home.

 

[HomeGuru]

So the 2nd mortgage is not attached since the property was sold and the amount was discharged when ex filed BK. The lender will still go after you as the co-guarantor on the mortgage note.

 

[kelzz68]

judgement..

the whole thing has me puzzled because I have never heard anything from the mortgage company or lawyers trying to collect this debt the lawyer filed a judgement against me in court in 1997 and they have never attempted to collect on that judgement. I wondered if it had anything to do with my ex filing chapter13, I was told that because he filed that the bank or lawyer couldnt try to collect from me until his banrupcy was discharged.

 

[HomeGuru]

the whole thing has me puzzled because I have never heard anything from the mortgage company or lawyers trying to collect this debt the lawyer filed a judgement against me in court in 1997 and they have never attempted to collect on that judgement. I wondered if it had anything to do with my ex filing chapter13, I was told that because he filed that the bank or lawyer couldnt try to collect from me until his banrupcy was discharged.

**A: wrong. The lender could still collect from you even on the day or after your ex filed BK.

 

[kelzz68]

puzzled

from what I gather from your replies, is that the lawyer/bank can still collect the debt from me till the day I die. there is no SOL. If that is the case then
I guess the lawyer/bank is waiting on me to get sick of this judgement being on my credit report, and figure I will pay up when I want the judgement taken off, because they have made no attempt at all to collect from me at all.

 

[HomeGuru]

from what I gather from your replies, is that the lawyer/bank can still collect the debt from me till the day I die. there is no SOL. If that is the case then
I guess the lawyer/bank is waiting on me to get sick of this judgement being on my credit report, and figure I will pay up when I want the judgement taken off, because they have made no attempt at all to collect from me at all.

**A: you have misunderstood. There is no SOL for collection of a mortgage but in your case, there is no longer a mortgage but a judgement. There is a sol for this judgement so you should check on what it is and the renewal criteria.

 

[kelzz68]

Sol

You wouldnt happen to know the SOL for this type of situation in the state of GA would ya *crossing fingers* LOL
Kelly