QUESTION
What can I do to get my name of this mortgage?
Asked on Aug 17th, 2013 on Bankruptcy - Michigan
More details to this question:
I have been divorced for six years. I am still on my ex husbands home mortgage (a house we purchased together, both our names are on the mortgage) He got the house in the divorce and it was written the decree that he would try to remove my name from the mortgage within three years of the divorce. It has been six years. He has been slow making his house payments for all the six years. Now today I received a call from the mortgage company... he is four payments behind and it is in foreclosure. What can I do to get my name of this mortgage? The ex is not willing to take care of the matter and I am tired of having my credit damaged because of him.
3 ANSWERS
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
This has to be pursued through the divorce case. Insofar as the creditor is concerned it has the right to look to both of you if both signed the note.
Answered on Aug 19th, 2013 at 11:40 PM
General Law Attorney serving Cherry Hill, NJ
at
Mark S. Cherry, Attorney at Law, PC
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This is a serious problem in Divorce. You are probably stuck on the Mortgage until the Mortgage is refinanced or paid off. You can file a Motion to Enforce Litigants Rights to try to compel your ex to pay it. Also, if you are a candidate for bankruptcy, that is also an option to consider
Answered on Aug 19th, 2013 at 2:30 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
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The only thing you can do is to file a motion in your original court to order him to sell the house since he cannot refinance it. Please realize that this is a common problem and I have had clients go bankrupt because of an ex's keeping a house and mortgage in their name.
Answered on Aug 19th, 2013 at 1:15 PM