Legal Question in Real Estate Law in Georgia

Bankruptcy filed after quit claim deed

I recently divorced. My ex-husband signed Quit claim deed for the house which was co-owned by him and me. Quit claim deed was filed at Superior court on the same day of final divorce settlement.

I refinanced the house mortgage to remove my ex-husband's name as co-borrower, and am awaiting closing now.

A week after Quit claim deed filing, my ex-husband filed Chapter 13 bankruptcy. I received Chapter 13 plan document copy and it states the house will be surrendered to Creditor (the original mortgage lender) as collateral.

Am I really losing the house even after Quit claim deed filed? Is there any way to prevent the surrender? I've been paying the mortgage payment current and no delay. There is no second mortgage on this house.

Asked on 2/20/08, 11:21 pm

1 Answer from Attorneys

SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC
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Re: Bankruptcy filed after quit claim deed

You need to consult (privately) with an attorney. As an initial starting point, contact the attorney who represented you in the divorce. If you represented yourself during the divorce, then contact an attorney in your area who is familiar with real estate financing and bankruptcy law.

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2/21/08, 10:35 am

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