Does anyone have an answer????

[freeme0215]

Hi,

I start with a sincere gratitude for these boards . I have not found this scenario in the search of the forums.

My ex and I were divorced in 2008. I was ill and he was granted the divorce and we have yet to settle the finances...he kept stalling and I was drowning in credit card and HELOC and mortgage payments and I was out on disabilty( I still am).

I filed for Ch 13 on 6-23-10. I included my home, as the one thing I had was the home, as I had it before we were married. He is not on the deed.

He signed for a another condo in 2007 with him on the mortgage alone. I didnot list the condo on the 13 as I was told the mortgage on this place was in his name alone. Come to find out I AM on the mortgage....I have not yet been confirmed. Do I add this to my 13? If so, what does that mean, for me, if in the future he stops paying? He had me sign paper work taking me off the deed to this condo...so in essence, I am on the mortgage,but not on deed.


CAn I still list it? ALso if I claim the mortgage, I am claiming half of the mortgage on the property or because I am filing first for Ch 13, he doesn't have to claim this property on his portion of the mortgage???

Thanks

[keepinitreal]

Yes you need to amend your bankruptcy petition. Add the mortgage for his condo to your creditors. State that you want to surrender it, not re-affirm it.

[walkthaplank]

Yes, add the condo mortgage. The trustee might also unravel your quit claim as an improper gift or preferential payment and try to grab any equity for your case that your estate might be entitled to. Your ex is probably going to be very unhappy with the trustee. Might think of it as just deserts for his shenanigans.

[despritfreya]

First off, for you to be "on the mortgage" you had to sign the loan documents. Did you? If not, did he forge your signature? If you are rightfully on the mortgage I will assume you are also on the title to the condo. If so. . .

You need to amend Schedule A to list your, presumably, ½ interest in the property.
You need to amend Schedule D to add the lender as a secured creditor.
You need to amend the Chapter 13 Plan to provide for the "surrender" of the property.

Not a big deal but you should take these steps.

Des.

[justbroke]

Nothing to add to what Des wrote.