If your home is foreclosed, is the home equity loan tied to the property still due?

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My home was foreclosed because my now ex husband stopped paying the mortgage without my knowledge and pocketed the money. He now insists that our home equity loan debt is no longer due because is tied to the house. I think he is wrong and that we still owe it. Who is right?

Attorney Answers

4
Jeffrey Drabin ·
Unless it was the home equity loan holder that actually did the foreclosure action or some other lien holder that was junior to the same you are still on the hook for the debt and your ex is incorrect in his assertion that the debt has been discharged.
0 upvotes
Anthony Roach ·
You may still be on the hook for the loan, unless the loan could be classified as a purchase money loan, or the foreclosing lender on the senior deed of trust was also the holder of the deed of trust securing the home equity loan. Both you and your husband would benefit from a consultation with a real estate attorney.
0 upvotes
Richard Price ·
It depends on more facts that you haven't provided. Email or call a real estate attorney for a full consultation.
0 upvotes

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