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zakariya
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Reged: 03/05/06
Posts: 7
HELP with ex. sticking me with 2nd mortgage!!!!
      #178290 - 12/18/06 05:24 PM

Does anyone know who is THE best Divorce / Bankruptcy attorney in Toledo? I am in need of some serious help.
Long story short. My ex got to keep the house. There was a mortgage and a second mortgage (home equity loan). The divorce decree states that after 3 years, the ex would have to get my name from both loans and take ownership in her name alone. She was able to refinance the 1st mortgage, thus relieving me of that debt. She neglected to have my name removed from the $8,000 home equity loan. She has since filed bankruptcy, but not before withdrawing nearly $3,000 that was paid on the home equity loan (much of which I paid before the divorce)and is not paying on the loan. I believe she is going to default on the loan and I am being told there is no way to remove my name from the loan. Her house is now in forclosure, she is in Chapter 7 (I believe) and she is killing my credit. How can I get out from under this thing?


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Soon2bDivorced
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Reged: 02/17/07
Posts: 6
Loc: New Jersey
Re: HELP with ex. sticking me with 2nd mortgage!!!! [Re: zakariya]
      #200784 - 02/18/07 09:28 AM

There was no mention of the 2nd mortgage in your divorce? How did she get your name off of the 1st mortgage without dealing with the 2nd mortgage? This all seems so wrong. I would contact the company that holds your 2nd mortgage and discuss your situation with them....this would probably mean that you would be soley responsible for the $8,000, however, you don't want to ruin your credit (which you already know is going to happen if you do nothing). I think your idea of contacting a new attorney is a good one. Good luck and hang in there.

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Too happier times!
xo,
Teresa


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Gecko
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Reged: 06/01/04
Posts: 19807
Loc: Third rock from the sun
Re: HELP with ex. sticking me with 2nd mortgage!!!! [Re: zakariya]
      #200797 - 02/18/07 10:53 AM

Contact the Trustee in her case regarding the 2nd and the $3k she took...BIG BIG "no no" and will effect her bankruptcy...could convert it to a 13 or even get dismissed.

Also...if she was supposed to take care of both loans, she is is now in "contempt" on the second. And I don't see how she could refinance the 1st with a 2nd...but I'm not an expect in that field...but I do know someone who is. He goes by the handle of HRUs on www.custodyreform.com.

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If you air your dirty linen in public, expect people to comment on the skid marks!


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