What to do if mx-husband has defaulted on mortgage and is now under foreclosure proceedings and now I’m being affected?

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What to do if mx-husband has defaulted on mortgage and is now under foreclosure proceedings and now I’m being affected?

About 6 years ago, I was included on the deed of trust, not the registered deed of ownership. We separated a year later and the divorce was final the following year. He has not complied with the divorce which specifies that I must be released from any debt for the property. As I was never on the deed, there was no ‘quit claim deed’ executed as part of the divorce. I have not been served any of the foreclosure papers but I have been made privy by 3rd/4th party giving me a copy. What do I need to do to prevent myself from being financially impacted and/or destroying my credit?

Asked on November 28, 2012 under Family Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you immediately consult with a family law attorney to see what your legal recourse is given the fact that your 'ex" has failed to comply with a court order that you be released from the debt as to the subject property. Given what you have written, you may end up with a negative mark on your credit report due to the foreclosure proceeding on the loan you signed as to the subject property.


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