Q: I filed bankruptcy last Oct ans was discharged in Feb. I files on my house and no longer live there.
My ex husband moved in the house and was going to try and keep the house but the mortage company lied to him and me and said the only way for him to keep it is if i sign all the papers too. well i am not doing that. Now the mortage company is saying I am responsible for the house and if i dont sign they are coming after me for payment. I have tried to find my lawyer to talk to them but they must have moved. I also moved to florida. Does this sould like it could be true or the mortage company just trying to get over on my ex husband.
A: A: If you reaffirmed the Mortgage, you still owe it. If you did not, you do not owe it. In either event, if you do not pay, they will foreclose on the property. If not reaffirmed, the proceeding with be In Rem (against the property) and will be prohibited from seeking a judgment In Personam (against your personally). Such a foreclosure would still include your name, so as to clear title. If there was a HOA’s, you maybe able to discharge your personal liability for prefiling debts, but will continue to be responsible to due/assessments after, until such a time that the property is no longer titled in your name.
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