What can I do if my ex was awarded the house in our divorce but never refinanced it out of my name and now it’s in foreclosure?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my ex was awarded the house in our divorce but never refinanced it out of my name and now it’s in foreclosure?
In the decree it stated she was to assume the indebtedness on the property, although she never had the mortgage put in her name. The bank is now suing me. Can this be fought?
Asked on October 29, 2015 under Family Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can't fight the bank foreclosing and/or suing *you* over the mortgage, if it was, as you indicate, still in your name: you were still legally responsible for the loan, and therefore for the consequences of not paying it. The bank was not a party to your divorce decree and is not bound by the terms of the decree.
What you an do is sue you ex for her breach of the decree, to seek compensation from her for all losses or costs you suffer due to her failure to refinance the mortgage in her own name.
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.