05-29-2008, 07:45 AM
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Senior Member
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Join Date: Nov 2006
Posts: 1,433
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Quote:
Originally Posted by nclock
I am confused how the whole foreclosure process is handled. I currently own a home with an ex who neither of us are living in the house. We have tried selling the property then tried rent to own. Both were unsuccessful. We received the letter from the banking indicating the property is in the foreclosure process. To my understanding, after the bank sells the property, we are responsible to pay back the difference between the amount the house sold for and the balance of the loan. Well, my ex informed me he is filing for bankruptcy. Does that mean that he will not be responsible for the balance? Will the bank sue me for it and possibly garnish my wages and even repossess my car? Should I file bankruptcy too? Neither of us have any money. Please help! Thank you!
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You really need an attorney who has access to the deed, the note, and other relevant documents. Unless the bank seeks a deficiency judgment against you or your ex for any balance owed ( difference between the selling price and amount owned), you aren't responsible for repayment. However, if they seek a deficiency judgment, you both could be responsible if your names were both on the note and on the deed.
I would take the documents to an attorney who can look at them and offer more precise advice.
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