is it possible to give a house back to the bk court after discharge

[jturk]

filed may 09
discharged sept. 09
ch. 7


i have a house that the bk court did not seize because it was not in my name at the time. the house is still not in my name, it is in my business partners corporation name. the house used to be in my name until about a year & a half ago, there is still a mortgage in my name. long story short the relationship with my business partner has gone sour & i want the mortgage out of my name & i dont see him making that happen any time soon. my question is, is it possible to give this house to the bk court & let them take it?

[aljohnson007]

I don't believe so but if the mortgage is in your name, did you not disclose it?
Someone else may have an answer.

[jturk]

yes i disclosed that the mtg. was in my name.

[aljohnson007]

A mortgage usually is a secured debt and if you did not reaffirm, it should have been discharged. With the limited info you provided, don't know what else I can offer.

[LimpDisc]

I am very confused about when the mortgage was in your name. When you filed in May 2009 was the mortgage in your name? Did you choose to reaffirm? Does the mortgage show on your credit report?

[OhioFiler]

I don't understand how you had a mortgage in your name yet the property is in someone other entity's name.

You were on the title, then you transferred the title to your partner, kept the mortgage then filed chapter 7?

[Bell30656]

Ohio, some states allow a different person on the mortgage than the owner. It's kind of strange but it happens. One of my neighbors has a house in her name but the mortgage is in her ex-husband's name.

[AngelinaCatHub]

I don't understand how you had a mortgage in your name yet the property is in someone other entity's name.

You were on the title, then you transferred the title to your partner, kept the mortgage then filed chapter 7?

If you listed this, and if you did not reaffirm, the mortgage is discharged, the lien is on the property, not the person. Run, don't walk away. Simply tell the mortgage company, bye, bye. Your partner may own the house, and unless he wishes to keep the house, he will lose the house unless he applies for a new mortgage in his name. He cannot "pay through" in your name. He's sunk.

I hope you made no payments towards this mortgage after your discharge. 'Hub

[aljohnson007]

Hub, you said it well!

[myid4u2c]

Effective is you did not reaffirm the mortgage it is out of your name. While the mortgage account still exists with your name on it they can not collect from you. They can not report a balance on your credit report. I have the same situation with my ex-wife.