Monday, October 26, 2009

Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

this is a second mortgage. i was released from the original loan. divorce papers say he was to assume loan and have it taken out of my name, which he never did. need to know my options for dealing with the bank.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

First of all he violated court orders. Talk to your attorney about reporting that and taking his fool butt back to court.



Second, you need to take copies of those court papers to the bank and deliver them to who ever is in charge of the debt. Since you have these, you are not liable for the debt. If they continue to bother you, you may need to get your attorney involved to shut them up. Best of luck.



Added: Be sure to add court costs to any suit you bring against your ex or the bank. That should help reduce your own costs. Heck, just sue the ex for any costs you incure due to his lack of action on those court orders. Take care.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

Sorry, but if the loan has your name you are screwed!! Try talking to a good lawyer about this. Good Luck.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

You are going to have to provide them with a copy of your divorce agreement and decree. They should honor that. If they don't, then you're probably going to have to get an attorney to help you fight this. Either way, in the long run you can't be held responsible. Good luck.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

That happens often. If the loans were entered into jointly-prior to the divorce-you will still have to pay a lawyer.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

Have you presented the divorce decree to the bank, to show them that you are no longer legally bound to that loan?



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

if your name was on the loan also you are screwed but if he did not get your consent on getting the loan on your name you have a battle that you may win i suggest getting a lawyer



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

Send them a copy of your divorce decree. Sence in your divorce decree says that your ex will assume full responiblty of the loan they have to remove your name. It removes you from all responciblity of that loan.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

When you divorced did you separate the bills? Is your name on the loan? If your not on it don't worry, if you separated the bills but your name is still on the loan you need to get a lawyer.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

You are confused.



Divorce papers don't erase your financial obligations to the banks magically.



If you signed for a loan you have to pay or they will come after you hard.



Your options are two:



Pay.



Don't pay.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

The fact is that your name is on the loan. There is no way the bank is going to take it off, knowing that your husband is going to cancel the debt through bankruptcy.



You can win this, but it's going to require a lawyer and a trip to court.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

First of all you need to talk with your ex. be nice and get ALL the answers you can... dates, reasons for loan, and WHY YOU ARE TIED TO YOUR EX! If you didn't give consent for the loan (signature) then you are not held accountable unless he received the loan before the divorce was final. If you were together by law then the rules and commitments of marriage are really going to bite you in the tush. Basically with marriage when one half gets a car (example) they both get the car. YOU MUST HAVE BEEN THE COSIGNER!? If then, no lawyer will help.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

Divorce court can't make the bank not collect money you owe. What your divorce decree means is that if you have to pay the loan, you can sue him for the money you have to pay. He didn't go bankrupt on you. He can't go bankrupt again. You go back to divorce court and make him pay you any money you have to pay.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

Most second mortgages are out of position(no legal lien).



Dispute and they might back off.Get copies of ex's BK. Send to second lien holder.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

Take this to your divorce lawyer and have him or her deal with it. If the divorce decree specifically states your name is to be removed, and ex didn't, you need to let an attorney deal with him and the bank.



Ex husband filed bancruptcy and bank wanting me to pay off loan he was responsible for?

The bank is completely within their rights if your name is still on the loan. A divorce decree does NOT trump a loan agreement. Even though it's too late, you and your attorney should have put in the divorce decree that in order for him to keep that property, he'd have to qualify for the loan on his own. If he couldn't, then you can get it and sell it and keep the proceeds.



But now, your best option is to pay the loan and then sue your ex-husband. Since he's already filed, you can get your money from him, albeit quite difficultly...

No comments:

Post a Comment

Blog Archive