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Ex wife files for bankruptcy right before public auction of home

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renobruce

Junior Member
What is the name of your state (only U.S. law)? Nevada

I wasn't sure what category to post this in, but here goes.

During my divorce from my first wife (I am remarried), I was removed from our house by the courts. She has lived in the house since then, but we have not paid any mortgage payments. It's been almost 3 years since no payments have been made. In the divorce orders, she was allowed to stay in the house until it was foreclosed on. She refused to allow it to be sold. The public auction was supposed to take place last week at the court house, but I called and found out that it had been postponed. After further investigation, I found out that the ex filed for bankruptcy two days before the auction, which stopped the sale. I'm sure her only reason for filing was to prolong her having to move out of the house. She hardly works, and is mostly living off of the alimony and child support she receives from me, since she has no major bills.
I'm trying to just move on with my life, but now it appears this could get dragged out for a long time? Obviously my credit is in the toilet, and I was hoping to get this house gone and her out of it and just move on with rebuilding my credit.
Is there anything I can do to stop her from this? She has no debt except for our mortgage. We are both debt free except for that. It doesn't seem fair that I have to wait for her proceedings before I can do anything. And if I'm not mistaken, if she gets her debt discharged for the house, can't the mortgage company then come after me solely? Not sure what to do! Any help would be greatly appreciated! Thanks in advance.
 


adjusterjack

Senior Member
Is there anything I can do to stop her from this?

No.

She has a right to file bankruptcy.

It doesn't seem fair that I have to wait for her proceedings before I can do anything.

The consequences of divorce are never fair.

And if I'm not mistaken, if she gets her debt discharged for the house, can't the mortgage company then come after me solely?

The right of the mortgage company to come after you for the deficiency may be limited by Nevada law.

See the following brochure:

http://nevadalawhelp.org/files/0E0F...6A2-51A1625C677F/deficiency-brochure-2014.pdf

Where statutes are cited you can look them up at:

http://law.justia.com/codes/nevada/2015

Not sure what to do! Any help would be greatly appreciated! Thanks in advance.

You might want to have a chat with your own lawyer about your financial future as regards your ex-wife.
 

renobruce

Junior Member
Can't the lender lift the automatic stay? I assume she is filing chapter 7, as she has no means of repaying the delinquent amount? Can I persuade them to do so?
 

adjusterjack

Senior Member
Can't the lender lift the automatic stay? I assume she is filing chapter 7, as she has no means of repaying the delinquent amount? Can I persuade them to do so?

The lender cannot lift the stay. Only the bankruptcy court can do that. The lender would have to file a petition with the court to lift the say. Whether it would be granted is anybody's guess. You can certainly "ask" the lender to do that but I doubt that you can compel the lender to do it if it doesn't want to.
 

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