Foreclosure after Chapter 7 Discharge

[Leila825]

I filed and Discharged Chapter 7 bankruptcy in August 2009 at the time we were going to keep the house but have come to realize that its way underwater and worth less than half what we owe. I never re-affirmed the mortgage and stopped payments in Sept last year. My husband was not part of the bankruptcy but he is also not on the mortgage, can they come after him? His name was listed on the Lis Pendens that we received yesterday. Also should we respond to the Lis Pendens? We just want the process to go as quickly as possible since we have a place to live rent free anyhow now. We are moving out Feb 1st. Lastly will I owe anything to the bank. A friend of mine stated that "the general situation is that the personal obligation would be eliminated in bankruptcy, but not the lien." What does this mean? HELP!

[325Falcon]

Yes I think since your Hubby was not included in your discharge HE and therefore you are on the hook.

[Leila825]

I'm confused because he is NOT on the mortgage. Just I am.

[325Falcon]

OH He is not on the mortgage only you are and it was discharged! Sorry I misread.

In this case you are all good and no worries the debt was discharged so you are off the hook.

[DebtEnder]

What state are you in and was the house bought before or after you were married?

If you bought the house while married and in a community property state he could still be on the hook under state laws. If you were not married at the time you should be fine now.

[325Falcon]

Once the debt was discharged the bank can't collect anything from you.

[Leila825]

We were married at the time and we live in Florida

[DebtEnder]

True they can't sue her, but depending on what state she is in if the debt was incured after marrige the spouse COULD be held liable. He did not file BK so he is not protected by it. However if the state is not community property state then the debts of one spouse do not auto become the debts of the other spouse. However the reverse is true if the state they live IS com property.

Ok you posted while I was typing/playing with kid.

Floridia is not a community property state if my research is correct. If he nowhere on the note for the house then all the can do is evict him after foreclosure, along with you.

[Leila825]

He is not listed on the note. I actually emailed the company that refinanced our house 3 years ago to confirm that he wasn't before we stopped paying. This is what the guy told me " The mortgage recorded with the county is the lien against the house. In Florida, the spouse is required to sign that on a primary residence. The note is the promise to repay the lien. Since you are the only one that signed the note, you are the only one on the financing and you are the only one that has promised to repay."

This is just a scary process so I appreciate the help!