Q: Can bank seek money judgment against me?
I bought a house when I was married but only I signed the promissory. I get divorced and have to file bankruptcy. House is surrendered in bankruptcy. House is now in foreclosure. Can the bank seek money judgment against me or my ex?
A: Did you reaffirm the debt in the bankruptcy. Basically, the debt was discharged if you did not, and they cannot seek a judgment against you personally.
You should contact the attorney who handled your bankruptcy case. The sequence of events you describe is inconsistent, making it unclear whether or not your liability for the mortgage would have been discharged in the bankruptcy case. Even if your personal liability has been discharged, it sounds as if your ex did not file bankruptcy with you, meaning that his/her liability would not have been discharged.
Your best source of answers to your specific questions will be the attorney who handled your bankruptcy case or, if you filed on your own, a local bankruptcy attorney who can look at your actual paperwork and explain the status and any remaining liability.
*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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