If my ex-husband got our home in our divorce and now it is going into foreclosure, how canI protect myself since my name is still on the mortgage?

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If my ex-husband got our home in our divorce and now it is going into foreclosure, how canI protect myself since my name is still on the mortgage?

I have contacted the mortgage company and the credti bureau’s several times to have my name removed. I was told he would have to sell or refinance. How can I protect myself and my credit? It seems the legal divorce degree doesn’t mean anything.

Asked on December 7, 2011 under Real Estate Law, Nevada

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

The time to protect yourself was during the divorce negotiations.  Did you have an attorney?  What does the divorce decree state about your husband's obligations to refinance the property in x months or sell the property?  An experienced family law attorney would have placed provisions in the decree to protect your rights and credit.

In any event, if he violated the dictates of the decree, you can always file a petition for contempt.  The problem is the court will order him to pay the mortgage.  However, if he can't do it, he can't do it.  

Another alternative is to give you a quit claim deed so you can take over the mortgage.  If you can afford to pay the mortgage, it would be an ideal alternative.   

Finally, consider a full sale or short sale.  Both of you would have to work with the mortgage company on a short sale.  

  

 

 


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