Mortgage companies do not go after someone because they were married to a person who owed money, so you really want to get the story straight because what your attempting to explain simply is not possible. For a mortgage company be to be going after your fiancé, he has to have been on the mortgage. It is entirely possible that he was a co-borrower on the mortgage and was not named on the deed. But the only way for a mortgage company to be serving your fiancé with a lawsuit, was if he signed the mortgage itself.
If your fiancé is not on the deed, but find the mortgage, the best choice would simply be to file bankruptcy. No lawyer is going to be able to help with this situation, as your ex wife cheating on you does not take away your liability to repay a mortgage you signed. If your fiancé in fact did not sign the mortgage, then any attorney can get this lawsuit dismissed, simply on the grounds that your fiancé is not a party to the transaction. Although in my experience I've never seen a banks attorney that was so bad that didn't verify the such simple facts before filing a lawsuit. It looks like you really need to get the story straight of what is going on, because what you're describing sounds like you may have been lied to.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on Oct 31st, 2014 at 10:52 AM