What can I do about a deficiency demand regarding a foreclosed mortgage for a home that my ex-husband was awarded?

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What can I do about a deficiency demand regarding a foreclosed mortgage for a home that my ex-husband was awarded?

I divorced 6 years ago; we had a joint mortgage. My ex-husband was awarded the house and was supposed to refinance. He didn’t and house was foreclosed on and sold. Now, I received a collection letter for almost $16,000. Is there anything that I can do?

Asked on November 3, 2016 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you were were still on the mortgage, you are still legally liable to the lender (or anyone who bought/acquired the mortgage from the lender) for the unpaid deficiency; they can legally force you to pay this. You in turn can sue your ex-husband for not doing what he was required to do under the divorce judgment, decree, or settlement (i.e. refinancing in his name only), to force him to reimburse you any amounts you are requited to pay; or if sued by the lender, you can and should file a "cross-claim" against your ex-husband, bringing him into that suit, so that you can force him to pay for you in the same legal action in which the lender is trying to force you to pay.


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