QUESTION
What are my options my deceased ex-husband’s home is in foreclosure?
Asked on Oct 07th, 2016 on Foreclosures - Wisconsin
More details to this question:
We signed the divorce papers in February. My husband kept the house and he was in charge with paying the mortgage/selling the house and do what he wanted with it. A month after we signed the divorce, he passed away. His estate was in probate and his son from a different marriage is supposed to take over his estate. Now, the lender is suing me for the missed payments on the mortgage (the loan was in both our names). Due to the divorce decree, the house is not mine anymore but the bank doesn't care about my divorce. The house is in foreclosure now and I can't get a hold of his family. I live in another state.
1 ANSWER
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I'm sorry for your loss and for the problem. As a technical legal matter, the house is yours unless you filed a Quit Claim Deed to your late husband. If the divorce allocated the mortgage debt to him, the claim for payments-whether made by you or the mortgage-lender- should go to his probate estate. (This is assuming that the assignment of debts to him carried the typical phrase that he will defend and hold you harmless as to the debts allocated to him.) Contact the stepson and let him know about all the relevant facts. Ask him to be sure there is a probate case filed, and the mortgage-lender's claim included in it. Regrettably, you really should hire two lawyers, one to press for your interests in your ex-husband's probate, and one to defend You if the lender is now suing you. Good Luck
Answered on Oct 31st, 2016 at 6:52 PM