Expert: Norma Duenas - California Bankruptcy Attorney - 4/21/2010

Question
My husband and I divorced last year.  He cannot sell the home that had both of our names on it because of the economy nor can he refinance due to his credit to get my name off.  I filed chapter 13 and surrendered my name on the home recently.  My lawyer says my name won't come off the home but, that the mortgage company can no longer come after me to collect any debt.  I'm wondering if that still is correct after the three years of my bankruptcy or just during the three year period?  And if that is the case what more can I do to make sure I am no longer involved with that home?

Answer
The mortgage company should not be able to go after you for the debt even after the 3 year period of your Chapter 13 bankruptcy. The bankruptcy removes your personal liability for the mortgage. This means that they can foreclose on the home if you default but they cannot seek collection from you personally for any deficiency. If you wish to no longer be involved with the mortgage, you would have to refinance the home to remove your name off the loan or seek another alternative that would allow you to do this. If you need further information on Chapter 13 bankruptcy you can go to http://www.socaladvocates.com/chapter13 or contact me at norma@socaladvocates.com if you  have any further questions.