How to communicate with mortgage company?

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I filed alone, my husband isn't filing. We are current on mortgage and HELOC; I don't want to reaffirm either, and my husband wants to me to do a quit-claim on the house after all is said and done so that he can re-fi in his name alone.

For years the HELOC has been automatically withdrawn from my husband's bank account. This month it was not (even after I was told it would be). I anticipated this, but it was still a little unnerving to see it not debited. In any case, he walked the payment in today, so no biggie.

For the main mortgage payment, I have it set up for the payment to be mailed from the bank and arrive to them by the 10th of each month.

I'm going to talk to the HELOC bankruptcy department tomorrow, but is there any way for them to keep communicating with my husband, since he isn't filing? I mean if it's not addressed to me or taken from a bank account bearing my name, how is it collecting from me? KWIM?

Any BTDT or hints/tips? Thanks

[Pandora]

I filed alone, my husband isn't filing. We are current on mortgage and HELOC; I don't want to reaffirm either, and my husband wants to me to do a quit-claim on the house after all is said and done so that he can re-fi in his name alone.

Any BTDT or hints/tips? Thanks

Yes... read this re: quit claiming first:

http://www.realestatelawyers.com/resources/real-estate/deeds-trusts/fraud-filing-bankruptcy-after-a-quit-claim-deed

and if doing it after your filing - what is the benefit of doing so? Filing a quit claim and refinancing the house in your husbands name only after you filing BK has no benefit at all that I can see.

to answer your other question re: talking to mortgage company - is your name on the org. loan documents? If so, doesnt matter if its being paid out of his account, your name is on the note. You can still talk to the lender, you just need permission to do so (usually).

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I know I can't quit claim until after the bankruptcy is done, finished, closed, discharged. We aren't even considering it until it's done.

That's just what my husband wants me to do. He wants my name off the house so that he can re-fi. He is a real estate professional, I'm taking him for his word here that he knows what he's doing.

I need permission to talk to the mortgage companies?

[Pandora]

If you file BK - and include the debt - then yes.. you need to have something (call it an "understanding") between you and the mortgage company. Why? Because if they call you to discuss the debt, then you could say it was a violation. How our lawyer did it was since we had a car with our CU, but stripped the 2nd mortgage, he had a letter stating the CU had permission to discuss the car loan with us, but could not discuss the 2nd mortgage due to BK.

I'm still not understanding the purpose of quit claiming your interest AFTER the fact of filing BK to get your name removed. Are you planning on separating or something? If hubby wants to refi the house in his name only - then thats all he has to do.... get the loan in his name alone, then re-fi the house, and when title / deed / whatever is issued, its in his name only. However, in doing so make sure you know your state's laws to how it would work in the event of death - and how it would apply with your BK. You dont want to end up in probate court if you dont have to be....trust me.

I'd definitely talk to your lawyer before doing anything to ensure you both know worst case scenario of what could happen by doing this.