What to do if my ex-husband’s house is being foreclosed on and I am listed as a defendant in the foreclosure?

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What to do if my ex-husband’s house is being foreclosed on and I am listed as a defendant in the foreclosure?

I am on the mortgage, not the note but the divorce paperwork clearly states that the house is listed under “Husband shall receive as his own and Wife shall have no further rights or responsibilities regarding these assets”. What do I need to do?

Asked on September 28, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The problem is, your divorce paperwork does not bind or obligate the bank/lender, or diminish its rights--the bank/lender was not a party to your divorce, and a settlement or order in a divorce does not affect any parties other than the divorcing spouses. If you are still on the mortage, you are properly a defendant--and worse, you could be sued by the bank/lender for any unpaid balance. It may be that your ex-husband would have to reimburse or indemnify you for any costs you incur or judgments against you, but the fact remains that your divorce paperwork by itself does not take you off the mortgage or prevent the bank from taking action against you. You should consult with an attorney immediately.


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