BEST ANSWER
It sounds like you're still on the hook for the note. You said he couldn't refinance, so it's still the loan that you were on, correct? Unfortunately, people don't realize quitclaim is for title only, not the attached mortgage.
I'm sorry this has happened to you, but you may need more than just a real estate attorney. If the judge says a party is not obligated to a debt, it doesn't mean the creditor agrees. If there are any tax balances or other debts, you need to check on those as well. The IRS does not release a party from a tax debt because a judge says so. Many other credit card companies and banks won't either.
I'd go back to your original attorney (who doesn't sound very good) and see if he or she can quickly assist you at no cost. This issue should have been addressed during the divorce proceedings. I actually had a listing recently because the judge ordered the home to be sold since neither party could refinance or pay the other party.
I would also call the mortgage company and explain what happened as well as provide the divorce decree. They almost positively won't remove your liability, but they may allow you to make arrangements and not let this affect your credit score.
Best of luck to you. AND BE ADVISED I AM NOT AN ATTORNEY, just sharing what I have seen to be true.
Sat Jul 4 2009, 13:52