Am I liable for the mortgage if my ex was to have handled things?

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Am I liable for the mortgage if my ex was to have handled things?

When my ex and I got a divorce it was written that he is responsible to sell the house we bought together. Instead of selling the home, he filed for bankruptcy and let the house foreclosed. This was 5 years ago. Now I’m having the mortgage company calling me wanted me to pay.

Asked on September 20, 2011 under Family Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

That is because the lender for the mortgage was not a party to your divorce and your agreement between you and your ex husband is not binding on them here.  So yes, they can come after you for the mortgage amount or the deficiency if they sold the house for less than the mortgage and the fees for foreclosure because you yourself did not discharge the debt in bankruptcy: your ex husband did.  Your recourse is to sue him based upon the contract you entered in to (the agreement).  I would seek some help here with this matter.  It is going to get ugly and you need to be prepared.  Good luck.


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