Co-signer, divorce, forclosure.
Spokane (WA).
Viewed 109 times.
Posted 5 months ago in Real Estate.
Flag this as objectionable
Greetings,
Six years ago, my wife & I took out a home mortage. I filed a quit-claim deed after our divorce. (We both & the home are in Washington State.) Today, the bank called. She missed last month's payment on the house. I have no other unpaid debts, but if I file bankruptcy to free myself from this mortage obligation, or let the forclosure go through, can my current residence (on which I owe about 3/4 of it's value), my car, my disabled veteran's pension, SSD pension, corporate pension be taken? How could I force my ex to pay this bill. Thanks so much!! - Is this your question? Add additional information Answers (1)
Frank M. Cappozzo
Posted 5 months ago.
Flag this as objectionable
Your divorce judgment should have provided that your ex refinance the home within a set time period. If, by oversight, it did not, it should have, at the least, provided that your ex "hold you harmless" from the mortgage debt itself. By missing a payment, your ex is not only placing you in jeopardy of being included in a foreclosure lawsuit, but she has already adversely affected your credit rating. Your most effective recourse would be to go back to the court that heard the divorce and file a motion asking that your ex be found in contempt for violating the terms of the divorce judgment, and as a suggested purge of that contempt finding, ask the court to order her to refinance the home at this time.
|
