The last payment my ex made to the mortgage company was Dec. 08. We had a long and difficult divorce, which was eventually bifurcated. We both filed Ch. 7 BK, hers was discharged in Dec. 09, mine Jane 10.
I have since remarried and my wife and I would like to refinance our current home, so we are on the loan together. I'm in California, if it makes any difference.
Now, my ex still lives in the home and as I stated has not made a payment in over 3 years. She refuses to move out and is sueing the mortgage company, for what I am unsure.
The house was auctioned off in May 2011. From her BK records, it shows she was served Notice to Vacate property in June 2011. Unlawful Detainer was served in September 2011. In November she converted her Ch7 to Ch13. December, the mortgage company (who bought the house back at the auction) was granted a relief from stay.
January 2012, I get a phone call from mortgage company asking if I'm interested in a cash for keys deal. This is what prompted me to look up her case in pacer. It also shows that when she is being served her legal paperwork, they include my name along with the names of our 2 grown children (who don't live there and were never on the loan to begin with).
My wife is concerned this will effect our ability to refinance our home. Should I be doing something to do to protect myself? Also, in our divorce settlement it came out that she owes me about 12 grand; this is not showing anywhere in her current BK, I'm sure she has no intention of paying.
Am I considered a creditor to her? Is there a way I can inform the trustee that I would like to be included in her plan payments? She and I no longer speak to each other and she probably wouldn't tell me the truth even if we did.
I have since remarried and my wife and I would like to refinance our current home, so we are on the loan together. I'm in California, if it makes any difference.
Now, my ex still lives in the home and as I stated has not made a payment in over 3 years. She refuses to move out and is sueing the mortgage company, for what I am unsure.
The house was auctioned off in May 2011. From her BK records, it shows she was served Notice to Vacate property in June 2011. Unlawful Detainer was served in September 2011. In November she converted her Ch7 to Ch13. December, the mortgage company (who bought the house back at the auction) was granted a relief from stay.
January 2012, I get a phone call from mortgage company asking if I'm interested in a cash for keys deal. This is what prompted me to look up her case in pacer. It also shows that when she is being served her legal paperwork, they include my name along with the names of our 2 grown children (who don't live there and were never on the loan to begin with).
My wife is concerned this will effect our ability to refinance our home. Should I be doing something to do to protect myself? Also, in our divorce settlement it came out that she owes me about 12 grand; this is not showing anywhere in her current BK, I'm sure she has no intention of paying.
Am I considered a creditor to her? Is there a way I can inform the trustee that I would like to be included in her plan payments? She and I no longer speak to each other and she probably wouldn't tell me the truth even if we did.
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