If in our divorce my wife got the house but never took my name off and now it is about to be foreclosed, what can I do?

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If in our divorce my wife got the house but never took my name off and now it is about to be foreclosed, what can I do?

How do I get my name off of the house?

Asked on May 15, 2011 under Real Estate Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

At this point you can't. Your mortgage lender was not a party to your divorce. The fact is that although she was awarded the house in the divorce, as for as the mortgage lender is concerned unless she refinanced, etc. (which  unfortunatleyshe did not) you are still liable for the mortgage payments. Since they are not being made, the foreclosure will go against your credit, Also, to the extent that your lender is entitled to any deficiency for the difference between what is still owed on the mortgage (plus costs/fees) and the foreclosure sale price, you are also liable. Although here is where your divorce agreement comes in. Your ex-wife will be responsible for reimbursingyou any money that you may be out-of-pocket. Additionally, in WA deficiency judgments are rare.


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