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About Norma Duenas - California Bankruptcy Attorney
Expertise
Norma Duenas is a California Bankruptcy Attorney representing clients in Chapter 7 and Chapter 13 consumer bankruptcy cases. Norma Duenas is the founding member of Southern California Law Advocates a consumer bankruptcy law firm. For further information you can visit us at: California Bankruptcy Attorney - Riverside, Los Angeles, & Orange County

Experience
Have filed over 350 consumer bankruptcy cases in Orange County, Los Angeles and Riverside. I have worked previously for Macey and Aleman, the largest consumer bankruptcy firm in the country. Currently I am the owner of Southern California Law Advocates, a bankruptcy law firm with offices in Orange County, Los Angeles and Riverside. Law offices is focused on consumer Chapter 13 and Chapter 7 bankruptcy.

Organizations
California Bar Association American Bar Association Riverside Bankruptcy Attorney

Education/Credentials
University of California, Irvine, BA in Criminology, Law and Society California State University, Los Angeles MS in Criminal Justice University of San Diego, Law School, JD Cum Laude

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Bankruptcy Law - Complicated...

Expert: Norma Duenas - California Bankruptcy Attorney - 11/1/2009

Question
I am divorced, in my divorce I was awarded the family home. The title to the home is only in my name but the mortgage still has my ex-husband's name on it as I haven't been able to get it mortgaged alone yet. I have great credit and a good job now and plan to do that as soon as I can but at the moment I can't.
My ex is in a horrible financial mess and I am worried about what will happen to my mortgage if he files bankrupt. Can they come after my house?
PLEASE help me figure out what to do, thanks!!!

Answer
There are several options you should look into if you are concerned that your husband will file for bankruptcy and surrender the home in the bankruptcy. First you should check whether you can assume the mortgage. This will depend on the lender. Some lenders allow you to assume the mortgage. This is different then obtaining new financing. Second, generally if you are current on your mortgage and your husband files for bankruptcy, he can specify that he plans to retain the home. If this occurs you should be able to continue to stay in the home and make your monthly mortgage payments. Last if your are not able to obtain financing, or assume the loan and if your husband plans to surrender the property in the bankruptcy, then you should try to talk to the bank directly and explain the situation. They may be able to offer you an option to keep the home, given that foreclosure is a costly process for the bank to go through.

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