Expert: Terry Leeders - 5/31/2008

Question
I am in the middle of filing chapter 7 bankruptcy and when i went to meet with the trustee she said that there were liens on our house. I looked at the promissory note from the mortgage company and my name is nowhere on the paper saying that i am responsible for the home. The loan was put in my husbands name only. One the second mortgage I'm on the paper saying that i'm obligated to pay if we get divorced and i'm awarded the home. Is there any way that i can get those lifted or gone off of there?

Answer
You need to check the title to the property.  It might not be a lien from your mortgage.  If you were sued, and the creditor received a judgment, then that debt could be recorded as a lien against the real estate too.  Mortgages are always recorded against the property as well,  even if you didn't cosign the loan, I assume you own the home jointly, so those mortgages are a joint obligation if you wish to keep the home...you would still have to pay them if you wanted to keep the house -otherwise the lender could foreclose.