Legal Question in Family Law in Tennessee

Divorce and Foreclosure

My Parents are separated my dad wants the divorce ( he has a girlfriend .. reason of seperation) my mother doesn't want it . My mother moved out of their house , my dad still lives there now they are foreclosing on it. My dad does not work how can my mom get out of the mortgage or can she file chapter 7 bancruptcy ??? If the foreclosure goes through can my mom be sued for the remainder of the mortgage?

Asked on 7/08/03, 1:04 pm

1 Answer from Attorneys

Heidi Milam Heidi S. Milam, Attorney at Law

Re: Divorce and Foreclosure

It is possible that your mother could file a Chapter 7 bankruptcy to discharge the mortgage. She should speak with an attorney who can examine her entire financial situation to determine if she is eligible. If she does not file bankruptcy, she could be sued for any deficiency balance that might accrue after foreclosure. Other than your mother filing bankruptcy, the only way she could get "out" of the mortgage would be for your father to refinance the mortgage without her.

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Answered on 7/13/03, 11:04 pm

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