Mortgage still in my name is now past due.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Mortgage still in my name is now past due.
At the time of my divorce I did a quit claim deed on our house and he paid me my equity in the house. I thought this relieved me of liability on the mortgage. Neither my lawyer or the mortgage company explained the need for a “release of personal liability.” It never showed up on my credit report until nearly seven years later when I find out that he is over $9,000 behind in payments. I had no idea this was still in my name. What are my rights and what actions should I take?
Asked on July 3, 2009 under Family Law, Ohio
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You're going to have to take your divorce decree to an attorney, who can give you reliable advice based on all of the facts. It may be possible to file a motion with the court to force your ex-husband to either re-finance the house in his own name (which I suspect will be difficult to impossible, if he's that far behind), or sell the house.
That "release of personal liability" is usually very hard to come by; it only hurts the mortgage company's rights (gives them one less person to sue for the money), and so they usually either just refuse to give it or only do it if a fairly large payment against the balance is made.
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You're going to have to take your divorce decree to an attorney, who can give you reliable advice based on all of the facts. It may be possible to file a motion with the court to force your ex-husband to either re-finance the house in his own name (which I suspect will be difficult to impossible, if he's that far behind), or sell the house.
That "release of personal liability" is usually very hard to come by; it only hurts the mortgage company's rights (gives them one less person to sue for the money), and so they usually either just refuse to give it or only do it if a fairly large payment against the balance is made.
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.