Bankruptcy, Foreclosure, Co-Debtor...oh my

[Missa310]

Here's one for the experts on this board....

I filed at the end of April. When I filed, I was current on the mortgage. I had my 341 in June and I wasn't current on my mortgage. The trustee knew this as she asked. I'm planning on surrending the house. Wells Fargo has filed the motion of relief to pursue foreclosure and I will not be contesting. Here's where it gets interesting (confusing), I am the primary debtor on the deed and my mother is the co-debtor. She is disabled and her only income is her 674.00 a month SSI check. Will they come after my mother for anything?

Other info: OHIO - No Assset Chapter 7

[newbie2]

Here's one for the experts on this board....

I filed at the end of April. When I filed, I was current on the mortgage. I had my 341 in June and I wasn't current on my mortgage. The trustee knew this as she asked. I'm planning on surrending the house. Wells Fargo has filed the motion of relief to pursue foreclosure and I will not be contesting. Here's where it gets interesting (confusing), I am the primary debtor on the deed and my mother is the co-debtor. She is disabled and her only income is her 674.00 a month SSI check. Will they come after my mother for anything?

Other info: OHIO - No Assset Chapter 7

From what I'm reading Ohio is a recourse state, which means, yes, they can come after your mom now for payment. It doesn't sound as if if they would be able to garnish anything since her income is so low, but if she has any assets herself (home, car, etc) she should seek advice of an attorney for a free consult.

[Missa310]

She's judgment proof. No job, car, anything. And they can't garnish her SSI. I'm thinking it'll be okay.

[newbie2]

She's judgment proof. No job, car, anything. And they can't garnish her SSI. I'm thinking it'll be okay.

There is no such thing as "judgment proof". She can still have a judgment placed on her and if she ever in the future has any assets (or income) that can be collected the judgment can be satisifed. With just her SSI though she is collection proof.

[Missa310]

That's what I meant. Sorry

[newbie2]

That's what I meant. Sorry

No need to apologize! She just needs to understand that a judgment can be placed regardless of the fact that it probably won't be able to be collected upon.