stillpunky

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Everything posted by stillpunky

  1. Thanks so much. I've located a local attorney who specializes in bankruptcy and real estate and am going to set up an appointment for an initial consultation. The information that you guys provided has made me feel worlds better. You did your good deeds for today!
  2. Yes, I keep editing my post. Sorry. I shouldn't have such bad message board etiquette since I run one myself. I am just sort of panicked and devastated that our future plans could be so adversely affected due to this.
  3. Thank you all!! Well, I just found everything on Pacer by querying her name. Thankfully, it isn't a common one. I ran off everything and it is in front of me. From what I can tell, she filed a Chapter 7, originally on 7/8/11. He is not listed as one of her creditors. A first meeting of creditors 341 notices (?) was held on 8/10/2011. There looks to be a copy of a letter here that was filed on 7/8 that looks like something that would be sent out to creditors and it says that if you are one, you will receive further notice of proceedings. Objections by creditors was due on 10/11 and since there was none the case was closed. They are both jointly listed on the mortgages, they are both jointly listed on the deed to the property. The second mortgage is supposed to be her responsibility (per divorce decree), but he IS on the loan as co-borrower. She has kept paying the minimum balance on this, however...the discharge has been given to her on both of the mortgages. She COULD just stop paying and I realize this comes back to him. I just don't understand how he could have gotten zero notification on this. She did tell him, last Christmas, she was thinking that she may have to declare bankruptcy. Then she told him that she did file, but all was in passing...for instance, he stopped by to pick up the kid's baseball glove and she would say "oh, and I think I AM going to go through with that bankruptcy, but it won't effect you. Its just for a medical bill". Regardless, how could we not have gotten anything in writing? Looking at these dates, things were already done by the time she even made these ambivalent statements. ETA: I am thinking of having him do a quit claim and putting our house into my name only. Just to be safe and get anything that I have interest in as far away from her as I can. Also, what kind of lawyer would one look for to try to straighten out the house ownership? My partner agrees that if she has been erased from obligation to pay that she shouldn't still have a stake in the house, underwater or not. And as for refinance, he hasn't really considered doing this, since as you stated it really doesn't make too much sense, aside from the fact that he could lower the monthly payment. Still, to not be able to if he indeed have something arise is concerning. You have been so helpful, thank you.
  4. First of all, thank you very much for your replies. I went to Pacer and registered an account, but it is going to take an hour for my login to be validated. I am not quite sure how to use it, it looks fairly confusing, but it probably looks worse than it is. We do not know anything at all about her case...when she filed...what she filed, etc. Nada. So I hope I don't have to search through seas of entries and rack up tons of charges doing so. The reason he is upset is because #1...he didn't know about it. He has renters in that house that he is obligated to. Nice people. Not to mention that he isn't looking to declare bankruptcy or have his credit ruined due to his ex's bad decisions. There are many, among them buying a plot of land in Hawaii and charging it on a credit card. Although the house is underwater, it is worth it to keep paying the mortgage on it so his credit isn't destroyed. It is currently well kept and rented and he cares for it and pays for it solely. The reason it is still in both of their names is because she refused to settle on it during their divorce. She kept trying to be bought out for more and more. It became completely ridiculous the amount that she wanted, so they agreed to both keep it because a decision couldn't be reached. In the mean time, it slipped to be worth less than half what is owed. She also told him, yesterday, that he cannot ever refinance the home going forward, because if he does, it opens the doors for the bank to seize or lien against other properties (our house) that he owns. How can it be legal for him to have had no notification of this at all? They were separated for six years, then divorced. They have been divorced for 4 years. Through the whole divorce and everything, he has maintained stellar credit, paid off all the mutual debts that were his responsibility and lived frugally...never missing a payment on anything and always paying his support for his two teenagers on time. The kids are here every Friday, Saturday and Sunday. I just don't understand how it can be legal for him to have received no notification and that now his credit can be ruined when he never even was notified. If he keeps making the payments on the house (which he intends to) is his credit still screwed?
  5. Hey there. My partner's ex filed for bankruptcy...we are unsure what kind. They still have a mutual debt. They own a house together. Neither live in it and it is underwater, but they have had renters in there for 6 years and are getting the current payment from them. My partner takes care of paying the house payment for this each month with an additional 350 out of his pocket. There is a second mortgage on the house which the ex is responsible for according to their divorce decree, although their names are both on it, he is listed as the second. She has declared bankruptcy, as I said, and he has only become aware of it now, although she said she was going to do it before...I really think he was made fully aware only after she filed and it was becoming final. She told him that she left the house loans out of the bankruptcy. He got a notice from the bank where their first mortgage is today saying that the debt has been discharged. He didn't WANT this debt discharged. how can she discharge a mutual debt, when they are divorced, without his knowledge?