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I Filed Bankruptcy But My Husband’s Mortgage With Bank of America Was Discharged. – Paula

Written by Steve Rhode

“Dear Steve,

Divorced husband kept mortgage as long as I made payments which I have continued to do so.

Divorced I got the house but mortgage stayed in ex husbands name ..I filed bankruptcy and they discharged ex husbands mortgage on the home.. Bank of America won’t fix it even though I am not on the loan . So ex husbands credit report shows he quit paying his mortgage . He can’t get a loan for anything now because it shows no payments on his mortgage.. Do you know how we can make boa reinstate the mortgage?

Paula”

No Way!

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Dear Paula,

If you filed bankruptcy but you were not a joint account holder or sole account holder on the mortgage the loan would never have been included in the bankruptcy. The connection would never have been made.

There is more to this story that you either are not aware of or have not been told.

If your ex-husband had been making the payments up until the time the alleged bankruptcy discharge occurred he would have been shown to be current. And if the loan was discharged without his knowledge and he kept making his regular mortgage payments were they cashed, sent back or was he otherwise notified? Also, what did his monthly mortgage statement say?

I would suggest you and your ex-husband call Bank of America together and ask for more specific information so we can get to the bottom of this. I would also suggest you both have a consolidated credit report in front of you to see what your individual and joint liabilities are so we can get to the bottom of this.

Please post your responses and follow-up messages to me on this in the comments section below.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

3 Comments

  • oh ya the monthly statements say this is just a notice since they discharged it they cant try to make us pay. and no from the day i filed it stopped reporting on his credit report.

  • we both have contacted BOA they said I am on the deed and I listed this as my address and that I should have reaffirmed, but I still dont see how I reaffirm a loan thats not mine? they are cashing the payments each month I make them , but on Dougs credit report it shows the balance going down but that no payment has been made. If we miss one payment they will forclose .. we found this out the hard way . so we are just adding a statement to his credit report and hoping it works. But BOA has been no help we have alot of equity in the house I think they want us to defalt, but I am probably just being crazy.. My lawyer will not help at all unless we pay more money . Thanks for your help .

    • Only the not holder could reaffirm the not but that would have had to have been done in the bankruptcy and the lender would have to agreed to it.

      It will no longer report because the liability for the mortgage was discharged.

      The only way to get the equity out is to sell the house.

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