Q: My divorce papers state that i will be responsible for mortage loan in ex wifes name, can she file bankrupty on the loan
In my divorce decree, its states the i will reside at the residence in cleveland ohio, and that my ex wife agreed that the loan will stay in her name, and that i will pay on the loan till it is paid off, mind you, she has not lived in the house for over 4 years, and i have continued to pay on the mortgage. well she told me she is filing bankruptcy on the mortgage loan, the deed of the home is not in her name. can she do this, even though she agreed the loan would stay in her name? am i gonna lose my home because of her?
A:
Your ex wife should be able to file a bankruptcy case and obtain a Discharge of this Debt. The lender's mortgage lien is not affected by her filing bankruptcy. Only her personal obligation to pay on the promissory note is extinguished legally by the bankruptcy discharge under 11 USC, Section 727. If you are ordered to continue to pay the mortgage loan until it is paid off, but she files a bankruptcy case (and obtains a discharge), I don't see how she could later take you back to domestic relations court to have you found in contempt of the Divorce Decree if you decide not to pay anymore and just walk away from the home. If you are interested in further discussing your issues, please contact my office Mon-Fri 8am-8pm or SAT/SUN 9am-5pm.
/s/ KEVIN M. RYAN
ATTORNEY AT LAW
RYAN LEGAL SERVICES, INC.
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