Filed Chapter 13 only under my name but wife signed agreement to help pay the 13 off. House is now in foreclosure and I want to save my house and I just filed for divorce.
She filed Chapter 7 five years ago. My lawyer claims that my Chapter 13 will protect me against the mortgage lenders but my wife could be sued by the second mortgage lender. She wants the house to go into foreclosure so she can live there for free until we are evicted. I told her that she could be sued and I would like her to move and so I could save the house and let her walk away debt free.
In this situation my lawyer said that the only way to save the house is to modify the 13 but the house has to be out of foreclosure. He claims if she stays with the foreclosure I will continue the pay on the 13 and she will be sued for the second on the house since she cannot apply for bankruptcy again. Is this all true?
Sounds correct to me. Bottom line is she either gets in the 13 now or deals with the debt after the foreclosure when they will be chasing her.
I can’t see any reason why she could not do a Chapter 13 herself for that debt when she is slammed with it latter. But the good news is you’ll be in the clear since you already dealt with it.
I think the best scenario in this case is for you to work with your attorney to protect you. If she does not want to participate then that’s her deal. She seems to have made a choice of free rent now and let it fall in her lap latter.