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kbigj · Jul 16, 2008, 10:34 AM

My fiancé and his ex bought a home together, after a couple of years they split up. Then about a year later she filed bankruptcy on the home without saying a word. We didn't find out until a year or so later when we checked his credit report and there it was. We have made all the payments on the home. I am just wondering if there is anything we can do and why they never told him about it?

ScottGem · Jul 16, 2008, 10:37 AM

First one does not file bankruptcy on a home. One files bankruptcy to protect against creditors. So if they are not together one can certainly file bankruptcy apart from the other and without the other's knowledge. If his ex is listed as an owner on the property, then it most certainly would have had to be listed as an asset for the bankruptcy.

You say you checked the credit report and there it was. WHAT exactly did the report say?

kbigj · Jul 16, 2008, 11:17 AM

It said filed bankruptcy on and then gave the date. It is a mobile home if that helps. We called everyone including the lender (who denied it all) and even lawyers but the only thing they told us was to buy her half out and then refinance the loan. Which she is still on the loan and the title.

DBmtgprocessor · Jul 16, 2008, 12:17 PM

He needs to file a dispute with the credit bureau because he didn't file bankruptcy. It would have to be in the public records for the bankruptcy itself to show up on his report. The bank that holds the mortgage may have reported it on that particular account stating account included in bankruptcy due to her filing and she was still on the loan. She would have listed all her creditors in her bankruptcy proceedings. I agree with the suggestion that you should refinance. Bankruptcy or not both are obligated on the note until refinanced into one or the others name. She would also need to sign off the title and the deed or she still owns 1/2 no matter who is making the payments.

ScottGem · Jul 16, 2008, 12:50 PM

I agree with DB. If the credit report is listing that he filed, then he needs to dispute that. It should be immediately taken off. If the lisitng is only against loan on the mobile home, that's disputable also since the loan is not in default.

But he should refinance and get her off the loan and the title.