Ex husband gets house, never took my name off let it forclose what are my options?
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Ex husband gets house, never took my name off let it forclose what are my options?
Ex husband was given house in divorce agreement and was supposed to take my name off but he never did. He then let it go into foreclosure. Do I have any options to fix my credit?
Asked on August 9, 2018 under Family Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unfortunately, the mortgage company is correct. The divorce was between you and your ex-husband; it had no legal effect on any one else or on your obligations to anyone else. On the other hand, the mortgage has another party to it, other than your ex and you--the lender. The mortgage was a contract beween, on the one side, you and your ex, and on the other side, the lender. Your divorce did not affect your contractual obligations to the lender, and when the mortgage was not paid, everyone on the contract with the lender--you and your ex--was in default of their obligations. By not ensuring that the mortgage was paid, you violated your obligations and, unfortunately, have to suffer the consequences for doing so.
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