Am I entitlled to a check written to my exwife and myself written to the mortgagor?

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Am I entitlled to a check written to my exwife and myself written to the mortgagor?

I did deed the marital home to her in the divorce agreement and was not on the title when the house was sold in a foreclosure sale. However my name was never taken off the mortgage so I was still the mortgagor when it was paid off but did not hold title.

Asked on May 27, 2009 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The answer to your question lies in your divorce agreement.  It appears from what you have written that you may have negotiated the issue of the house and the sale when you and your wife were divorced. 

Also, more facts are needed here.  It appears that the money for the sale in foreclosure went to pay off the mortgage.  Are you talking about money what was left over after the mortgage was paid off?  Again, you need to seek the advice of an attorney and preferably the one that represented you in the divorce.


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