QUESTION

How to deal with lenders coming after me for mortgage payments of the house I do not own anymore without declaring bankruptcy? Which lawyer to see?

Asked on Aug 19th, 2012 on Divorce - New Jersey
More details to this question:
When I divorced, it was entered in the judgement that my husband should be making mortgage payments until the house is sold. I signed the deed over to him, but no formal re-financing had ever been done. He had since then declared bankruptcy, and walked away. The mortgage amounts are on my credit report and it is starting to affect me being able to apply for government jobs. How to deal with this without having to declare bankruptcy and what type of lawyer do I need to talk to?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Its sounds like it might be a combination of enforcing the matrimonial order and possible bankruptcy.  If you have a judgement of divorce that required your husband to continue to make the mortgage payments, and he did not do that, then you can apply to the court for an enforcement of that order.  The enforcement may be more like a judgment or finding by the court that you are not responsible for the mortgage, that your name should be off of the mortgage, and see if you can use that when you sell the house to make him solely responsible for the deficiency in the mortgage.  do you have the property up for sale?  You should do so as soon as possible, the market is starting to come back a bit and you might be able to get a sale.  If not, consider renting so that at least you can get some income to cover the mortgage payments until this is straightened out.
Answered on Aug 21st, 2012 at 8:21 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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