Wondering

[Sandy53]

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

My daughter and son in law are going to file for bankruptcy. A little background...they consolidated bills a few years before they separated . Before they could do that my husband had to sign some paperwork since he was on the mortgage. When they were at the table talking to the person who was doing the consolidation for them , my husband specifically asked them if this would remove him from the mortgage and make the two of them totally responsible for this loan . He was told yes, But looking in the PA court system there is a judgement not only on the daughter and son- in- law but also my husband ! My question is ....when they file and include the mortgage they owed will that mean that my husband will be responsible for the debt ? Our whole life we have not owed any money to anyone. Our house is paid off, bills are paid in full each month .He is now on Social Security . Now this stress isn't very good for him. I believe that there is a paper that states just the loan is in my daughter and son-in-law's names. Does that mean that since they defaulted the responsibility goes to my husband ?
Thanks for any info.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[latigo]

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

My daughter and son in law are going to file for bankruptcy. A little background...they consolidated bills a few years before they separated .

Before they could do that my husband had to sign some paperwork since he was on the mortgage.

When they were at the table talking to the person who was doing the consolidation for them , my husband specifically asked them if this would remove him from the mortgage and make the two of them totally responsible for this loan . He was told yes,

But looking in the PA court system there is a judgement not only on the daughter and son- in- law but also my husband ! My question is ....when they file and include the mortgage they owed will that mean that my husband will be responsible for the debt ? Our whole life we have not owed any money to anyone. Our house is paid off, bills are paid in full each month .He is now on Social Security . Now this stress isn't very good for him. I believe that there is a paper that states just the loan is in my daughter and son-in-law's names. Does that mean that since they defaulted the responsibility goes to my husband ?
Thanks for any info.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

You seem to be looking at your husband’s responsibility for payment of the mortgage balance as something that could happen in the future.

Yet you start your post by telling us that he was on the mortgage from the get go.

my husband had to sign some paperwork since he was on the mortgage.

And since he wasn’t purchasing the home for his and your use, it means that the mortgage lender required him to guarantee the loan as a condition to advancing the purchase money to the daughter and son-in-law.

Where you seem to be confused is in assuming that something occurred during the debt consolidation process that released him as an obligor on the mortgage note. But that could not have happened without the lender’s written consent, or the daughter and son-in-law, the principle obligors, paid the balance on the first mortgage by refinancing. Neither of which likely occurred.

It seems odd that you first learned of an outstanding judgment against your husband in the manner you have explained. But the fact that he is named with the daughter and son-in-law suggests that it has something to do with the mortgage or that he foolishly signed something during the debt consolidation committing him to guarantee other debts as well.

If I were you, I would truck down to the courthouse and get a copy of that judgment and the two of you take it to an attorney.

 

[Sandy53]

Thanks for the info