Divorce and spouse taking bancruptcy??

[dianne]

We have had such a long story. My spouse was ordered out of the home over three years ago, due to a domestic violence order. He has done everything he could to put his 4 youngest children on the street, including two children, that are completely disabled. He let the house slip quickly into foreclosure, with an over $100,000 income.

We went to our divorce trial today and my husband announced he was taking bankruptcy, to get rid of the house. It is way under water. I fought him, and GMAC, and was able to get my loan modified 18 months ago. I have made each payment. My husband is is not on the deed, but is on the mortgage. We are in KY.

Can we keep the home, if I do not take bancruptcy, and I continue to make the payments?

I hope someone answers, so my family can sleep tonight. This is just too much!

[NJHomeowner]

We have had such a long story. My spouse was ordered out of the home over three years ago, due to a domestic violence order. He has done everything he could to put his 4 youngest children on the street, including two children, that are completely disabled. He let the house slip quickly into foreclosure, with an over $100,000 income.

We went to our divorce trial today and my husband announced he was taking bankruptcy, to get rid of the house. It is way under water. I fought him, and GMAC, and was able to get my loan modified 18 months ago. I have made each payment. My husband is is not on the deed, but is on the mortgage. We are in KY.

Can we keep the home, if I do not take bancruptcy, and I continue to make the payments?

I hope someone answers, so my family can sleep tonight. This is just too much!

I would say if no...... if you are underwater the BK will not force sale of home and as long as you pay they will leave you alone!

[dianne]

I would say if no...... if you are underwater the BK will not force sale of home and as long as you pay they will leave you alone!

Thank you! Do you mean "yes" I can keep my home, if it is underwater? The payments are current.

[NJHomeowner]

Pretty sure you are in good shape as far as keeping your house!!

[dianne]

Thank you so much!! You are very kind to answer me. We are so stressed. We took 2 years getting a mod. after my children's monster father let house go right into foreclosure. As soon as I received the mod., I was called into my attorney's office, and I was shown my husband's trial memorandum showing that he was asking judge to put house into foreclosure again, to force me into an agreement. I fear this will never end. It is a cruel game to play with children.

[yomann]

Irregardless of your husband filing for BK, if you continue to pay the modified mortgage (with very little equity in the home) the bank will let you "pay & stay".
They do not want another property on their hands, and would rather have you keep the property.
Hope things get better for you alll around.

[dianne]

Irregardless of your husband filing for BK, if you continue to pay the modified mortgage (with very little equity in the home) the bank will let you "pay & stay."
They do not want another property on their hands, and would rather have you keep the property.
Hope things get better for you alll around.

Thank you! I am worried sick....This man will never, ever leave us alone. It was two years we had to endure the foreclosure. He didn't answer the summons for the foreclosure, and then took a year signing the quit claim, so we could modify. Someone?? Called GMAC and told them we had vacated and my chicks had to endure that...Locksmith! It's been over 3 years since the DVO was issued, and we don't even have a legal separation, much less a divorce. His attorney is just as bad as he is. She switched subpoenaed documents, for documents printed off of my husband's computer, that were 12-18 months old and we already had. They did this to hide withdrawals he made to his 401K account, that a court order forbid. I did my own subpoenas and got what was originally subpoenaed...This was fraud! I turned the witch into the BAR, and guess what? They did nothing! He and she got away with it. It has been this way for the entire over 3 years. (Sorry nice lawyers that are helping me here...I know you don't like people who report to the BAR, but I am sick and tired of it...We are so tired and just want peace.)

[dianne]

I contacted GMAC mortgage this morning. I was told,that even if my evil spouse took bankruptcy, he would still be liable for the mortgage payment. I was told that he would still be on the mortgage, even after the bankruptcy was removed. What's the point in bankruptcy Can the judge order me to take bankruptcy, because I will go and stay in jail, forever, before I will do that, even if I am ordered to take bankruptcy.

[yomann]

The first line folks answering the calls at banks are usually ill informed.
A BK filing eliminates the obligation to pay on the mortgage.
The lien on the property still remains intact.
The bank cannot force you to make a payment.
All they can do is exercise their right on the property and foreclose.
If the house is underwater (you owe more than it is worth), they will not do anything.
If you are continuing to make monthly mortgage payments, no one is going to force you out of your home.
Have you seen a family law attorney for advise ?
I would seek an initial consultation, which are usually no charge.

[dianne]

The first line folks answering the calls at banks are usually ill informed.
A BK filing eliminates the obligation to pay on the mortgage.
The lien on the property still remains intact.
The bank cannot force you to make a payment.
All they can do is exercise their right on the property and foreclose.
If the house is underwater (you owe more than it is worth), they will not do anything.
If you are continuing to make monthly mortgage payments, no one is going to force you out of your home.
Have you seen a family law attorney for advise ?
I would seek an initial consultation, which are usually no charge.

Thanks!

I have been corresponding with the person that processed my modification. She is in the executive offices of GMAC. She says that as long as I make my payments, that I won't lose the home. I was first told that my husband would still have financial liability. However, I contacted our district's bankruptcy trustee and they said that wasn't true. Once the bankruptcy was released my spouse would have no financial responsibility. That's what we want...Him off the deed, which he is, and no other way for him to blackmail us with this mortgage. Enough is enough! I have a family attorney, but my 21 year old son has paid my legal bills. We are at $16,000 and counting. This attorney knows nothing about bankruptcy and afraid to even think about any more legal bills. I appreciate all your help. This has caused my family so much stress....It's been too much, especially after the grueling 2 year battle to save the property from foreclosure and get the loan modified.

[mevans]

wow what an incredible story.
mine is similar.
the husband part.
he was cheating (again!)
and he tried to make me sell the house.
like a pirate pushing me making me walk the plank literally (doesn't even care about the kids , we have 3)
well we reconciled. again.
we just got a loan mod but not principle forgiveness.
now we are paying on a house that is underwater by like $150.
we may need to file bk (again, we did ch7 12 years ago)
we would do ch 13 and possibly keep the house. not sure.
he is too stressed now to think about it.
but we are in a heap of mess.
one step at a time i guess.
hang in there dianne..
i hope your kids are ok.
your a good mom and a good person.
i sure hope you can keep house.
why do husbands cut off their nose to spite their face?
aarrgghh......

[dianne]

wow what an incredible story.
mine is similar.
the husband part.
he was cheating (again!)
and he tried to make me sell the house.
like a pirate pushing me making me walk the plank literally (doesn't even care about the kids , we have 3)
well we reconciled. again.
we just got a loan mod but not principle forgiveness.
now we are paying on a house that is underwater by like $150.
we may need to file bk (again, we did ch7 12 years ago)
we would do ch 13 and possibly keep the house. not sure.
he is too stressed now to think about it.
but we are in a heap of mess.
one step at a time i guess.
hang in there dianne..
i hope your kids are ok.
your a good mom and a good person.
i sure hope you can keep house.
why do husbands cut off their nose to spite their face?
aarrgghh......

Thanks for the words of support Mevans. I am sorry for what you are going through. One thing for certain here...There will never be a reconciliation. SO thankful for the Domestic Violence Order. I am dealing with a sociopath. He will never stop. I am 56, still 4 chicks at home, 11 total, and married to that monster for 38 years. I will have no health insurance and we may no home. He's the one that abused and we are always going to be his victims. It's wrong. Nothing I can do, since in this society, I have no value. Today we planted our winter and fall gardens...Close to 36lbs. of seeds...Many poked into little holes, in rows of plastic mulch...Nothing that man would love better, than to take the simple things away from us. He explained to the judge, that the reason his bank statements showed so much expense in bars, was because he ate there! Bars are his grocery stores! Liquor stores were simply for his daily beverages....Duh! Good luck to you!