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Can a Bankruptcy be considered an encumberance on real estate/mortgage loan?

Hope7582 asked:


My ex is considering BK and in our court order he was to refinance to remove me from the loan and not to encumber the property. He has not removed me so I was wondering if a BK filing is considered an encumberance?

Vera

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This entry was posted on Sunday, July 26th, 2009 at 2:54 am and is filed under Refinance. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

5 Responses to “Can a Bankruptcy be considered an encumberance on real estate/mortgage loan?”

  1. Roberta B Says:
    July 27th, 2009 at 4:12 am

    Rafael

    By “your” court order, I am assuming that you mean your divorce court order.

    Check with your attorney. You MAY be able to take him to family court to recover if he doesn’t refinance to get your name off of the mortgage ( Is he even able to get refinanced?), but under BK laws, if he discharges the debt under chapter 7, it becomes your alone. The tricky part comes in getting him to pay you. You know, you can’t get blood out of a stone.
    Get an attorney fast.

  2. Just Me Says:
    July 29th, 2009 at 8:45 am

    Ricardo

    See an attorney NOW. Tell him that you are going to file a Contempt Petition for his failing to comply with the court order. He will be sanctioned and whether or not he files for bankruptcy he can be put in prison. Also, you can file to prevent his filing for bankruptcy until such time as he has complied with the order (and also file the contempt petition).

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