Am I responsible for my ex’s foreclosure when I was never on the deed/title/loan?

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Am I responsible for my ex’s foreclosure when I was never on the deed/title/loan?

Divorced 6 years, never on title/deed/loan and he is foreclosing. Mortgage company taking him to court but naming him first, then IRS and then myself as defendants. I have no money for an attorney. Divorce decree says he is responsible for his property/indebtedness. I have no interest in it. I cannot afford an attorney or travel time. I had an OP on him for 2 years (now expired), I don’t wish to have contact with him. Would I be able to call his mortgage company or send a letter to the judge with divorce decree and be taken off of this?

Asked on August 22, 2012 under Family Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

I can surely understand your not wnting to apear with him there but I highly doubt he will appear at all and you need to do something more here than write a letter or call the mortgage company, although that may be a good start.  If it is as you say that you were never on the documents you mention then why are you being sued?  Could be just to protect any right you may have had to claim the proeprty but what worries me here is that naming you will ruin your credit.  You would need to appear in the action and make a motion to dismiss you as being an improper party.  Ther are so many issues here like service, etc. and all can not be explained other than superficially.  Please, if you can seek legal help.  Good luck.


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