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questions about ch 13


firemom31
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We are $4,500 in arrears on our mortgage. We now have income to pay monthly debts, but not the arrears. We also had a car repoed last year and owe $3,000 on that, and $6,000 on a loan that defaulted, $ 1,000 in arrears on 2nd mortgage, $1,000 arrears on property taxes. Here's the tricky part- the house/mortgage is in my name and my ex-husbands. I was told that the BK atty can do a qiut claim and take my ex off of everything and I can file ch 13 without including my current spouse. I have tried for years to get GreenTree to take my ex off and they said I can only do that by refinancing. I understood that a quit claim would only take him off the deed, not the loan, so I never suggested that to my ex. Any suggestions would be greatly appreciated.

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You can file a Ch 13 without EITHER of them.. the EX or the Current. Taking your Ex off the deed will accomplish nothing.. except to put 100% of the asset into your name. With the Ex's name on the deed, your share of the equity is only 50%. You CAN file ALONE.

There's no way GreenTree is going to take any names off the mortgage unless you refi in your name only. That's just the way it works.

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