The divorce settlement agreement also states he was to keep the home and released me of any financial responsibility. I was served on 12/23 and need to respond this week. Last year I saw the mortgage was listed on my credit report and ex was 60 days late, I certified mailed my ex and his attorney the documents provided by Mortgage lender to refinance with a letter and copy of the divorce settlement agreement. They both signed for the letter, and neither responded. I now own a home through a family mortgage, and want to ensure it and my assets are not touched. I cannot afford an attorney, and am considering filing bankruptcy to protect myself. Thank you in advance for any assistance you can provide.
I agree with everything Ms. Cossu said. Your recourse against the ex-husband is a Motion for Contempt and Enforcement. Your ex-husband has a duty to indemnify you, and your recourse is against him, not the lender.
Barbara Ann CossuFamily Law AttorneyFort Myers, FL ·
You state you cannot afford an attorney, but you cannot afford not to have an attorney. You do not state whether you had an attorney for your divorce, but it sounds as though you did not. The quit claim deed removed any legal interest you had in the home, but the quit claim deed did not/does not remove your liability for the mortgage. The lender is not a party to your divorce and is not bound by your divorce settlement agreement. If your husband is not paying the mortgage, the lender will go after anyone else they can that is listed on the mortgage. This is a classic case of where you could not afford not to have an attorney but without a doubt, you need to get an attorney now. Good luck.
I agree with my colleague, the Bank was not a party to your divorce and property settlement agreement and is not bound by it. The Bank will sue any person/entity that may have an interest in the property in order to ensure that their interests are extinguished through the foreclosure. Since I assume, you were married when the subject loan was taken out, you were at very least included on the mortgage and possibly on the Note/loan.
If you were only on the mortgage, you will not be personally liable to the underlying debt and you will not have to file a bankruptcy as you will not have to discharge the debt.
If you did sign the Note/loan, a bankruptcy is an option, motion for contempt against your husband is also a possibility.
You need to consult an attorney immediately to determine your exposure.
Good luck.
