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Chapter 13 and mortgage questions

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mandab5
Valued Member

Chapter 13 and mortgage questions

Hello all,

  My husband filed chapter 13 back in 2009 after a nasty divorce.  The mortgage was included in the chapter 13, so he moved out of the house.  He made his last payment in spring of this year and everything was "settled".  Well now the mortgage is showing up on his credit report as 180 days past due and now the bank is moving to foreclose.  He no longer still lives in the same state as the house and now we are tring to figure out what to do.  Will the mortgage comany now come after him for the balance once they foreclose on it?  He was under the impression when he filed chapter 13 the bank took back the house.  The house is still showing in his and his ex-wifes name.  The bank has been trying to sell it at an auction, but has not sold yet.  How do we get his name off of the title of the house.   Does anyone have any advice on this?  Thanks

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mynameainttracy
Established Contributor

Re: Chapter 13 and mortgage questions

I can just share my experience. We filed 13 in 2008, included the house, decided to walk away 2 years in. They have to foreclose to get the house out of your name. It can take a while. We were lucky, ours was completely out of our names in 9 months but I have seen others take years.

 

Whether or not they can report late payments is another issue. I don't know the answer to that. At the time we went through it I didn't monitor my credit so I don't know what all was being reported.

 

Lots of people have dealt with this and can add.

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