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Ex-husband Filed Bankruptcy – We Are On Mortgage Together

March 13th, 2012 · No Comments · Bankruptcy

by Kristy Welsh

(Last Updated On: March 13, 2012)

Q. My ex-husband filed bankruptcy and is just now getting out of it on March 23, 2012. We have a home in both of our names. The mortgage company told me that he was suppose to file a form to reaffirm the loan before March 23, 2012. He did not do this. Also the loan lady told me that the mortgage company will not report my payments to my credit report showing that I have been paying on time. How is this affecting my credit history? If I go to sell how will it look on my credit report, or will it even be on there? This concerns me.

A. Your ex-husband’s bankruptcy should not affect your credit if you have been making the mortgage payments on time. Sometimes, though, when one party files a bankruptcy, the mortgage company mistakenly reports this as a bankruptcy on your credit report.

By your ex-husband filing a bankruptcy and not a re-affirmation of the debt, he has effectively relieved himself of the mortgage but not ownership of the home. You are now on the hook for the entire amount, but it sounds like you have been paying on time and this should not be a problem for you to continue this.

If the mortgage company reports a bankruptcy on your credit report, you can effectively take them to court as you have not filed a bankruptcy and there should be no mention of it on your account or credit report. If you’re paying the full mortgage payment on time, they have to report this. Accurate reporting is your right under the Fair Credit Reporting Act.

Convince the mortgage company that you have every intention of paying on the mortgage and nothing should happen to your credit. They should be happy to accept your payments in today’s mortgage climate. I did not hear you say they were refusing the payments, this is a good sign. In addition, it is not March 23 yet, he still might file the form. I would try to persuade him to file a re-affirmation as gently as you can.

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