What to do if my ex-wife was awarded our house but lost it and now the lender is calling me?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex-wife was awarded our house but lost it and now the lender is calling me?

My wife and I got a divorce. I was on the mortgage with her and she was awarded the house in our divorce. I was told I had no stake in the property. She lost the house filed bankruptcy. Now the lender is calling me about paying $90,000. Is there anything I can do to fight this?

Asked on June 27, 2011 under Real Estate Law, Washington

Answers:

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

Answered 10 years ago | Contributor

The fact is that your mortgage lender was not a party to your divorce settlement. Therefore, although your ex-wife was awarded the house, as far as the lender is concerned unless she refinanced, etc. (which she clearly did not) you still have liablity regarding the mortgage. Since it has been foreclosed on, to the extent that your lender is entitled to any "deficiency" for the difference between what is still owed on the mortgage and the foreclosure sale price, you are responsible for it. It can obtain what is known as a "deficiency judgment" (although such judgements in your state are rare).

Note: This is where your divorce settlement comes into play. Your ex-wife will be responsible for reimbursing you any money that you may be out-of-pocket (unless she listed you as a creditor in her bankruptcy).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption