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Margie, Home Buyer in Portsmouth, RI

Divorced still in Fl. House was going into foreclosure WHEN my ex decided to file bankruptcy. We aren't paying ins. on it. Am I lible in any way?

Asked by Margie, Portsmouth, RI Fri Jun 21, 2013

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3
If you are on the note and mortgage, you may have some liability. If the divorce decree makes your ex-husband responsible for the debt on the house, but your ex-husband has not refinanced the property in his own name, you will have legal liability because of being obligated on the note and mortgage. Since the lender was not a party to the divorce case, they have the legal right to obtain a judgment for the money owed against both of the borrowers on the note and mortgage.

Obviously, the bankruptcy proceeding automatically stays the foreclosure case from the date the bankruptcy is filed. If your husband, under the terms of the divorce decree, is responsible for all of the expenses for the house, you will want to consult a bankruptcy attorney to determine if you need to file a claim or some other motion to protect your interests in the bankruptcy case.

Ultimately, your liability regarding the insurance or other expenses regarding the house will be determined by the provisions of the divorce decree. But, that will be between you and your ex-husband. If your ex-husband does not accept the responsibility, he will have violated the terms of the divorce decree and could be subject to further litigation by you.

Mark J. Albrechta
Attorney-at-Law
813-265-4036
malbrech@verizon.net
1 vote Thank Flag Link Sat Jun 22, 2013
Margie, When the home was purchased if you are on the note and mortgage, yes. Lenders view both parties as liable for the outstanding loan.

If your divorce decree, quit claimed your portion of the property to your ex-husband on a specific date, then you can obtain an attorney to fight with the lender regarding your responsibility as you have been removed from the property. This may not absolve you of the financial obligation of the note and mortgage. The verbage contained within your divorce decree is important regarding your financial obligations regarding the mortgage, credit cards, home equity lines of credit etc.

Check with your divorce attorney and possibly a bankruptcy attorney to determine the impact to you.

Best regards,

Lynn Brock
Brock Realty Inc.
941.313.1234
http://www.brockrealty-inc.com
0 votes Thank Flag Link Tue Jun 25, 2013
Contact your lender and if they will not give you any info then you may not be liable for repayment.

The lender will get insurance if you stop paying for the hazard insurance.

You and or your ex will may be better off doing a Short Sale -- and you may be able to get up to $3,000 as an incentive.

I can help you with a Short Sale at no cost (the lender will pay the Realtor fees).

All the best,
Alma
Alma Rose Kee, PA
http://www.SoldOnTampa.com
813.244.9898
0 votes Thank Flag Link Fri Jun 21, 2013
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