What can I do about a deficiency demand regarding a foreclosed mortgage for a home that my ex-husband was awarded?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do about a deficiency demand regarding a foreclosed mortgage for a home that my ex-husband was awarded?
I divorced 6 years ago; we had a joint mortgage. My ex-husband was awarded the house and was supposed to refinance. He didn’t and house was foreclosed on and sold. Now, I received a collection letter for almost $16,000. Is there anything that I can do?
Asked on November 3, 2016 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you were were still on the mortgage, you are still legally liable to the lender (or anyone who bought/acquired the mortgage from the lender) for the unpaid deficiency; they can legally force you to pay this. You in turn can sue your ex-husband for not doing what he was required to do under the divorce judgment, decree, or settlement (i.e. refinancing in his name only), to force him to reimburse you any amounts you are requited to pay; or if sued by the lender, you can and should file a "cross-claim" against your ex-husband, bringing him into that suit, so that you can force him to pay for you in the same legal action in which the lender is trying to force you to pay.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.