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hjkiutyu
Jun 9, 2008, 12:20 PM
My ex husband and I took out a 2nd mortgage in 2000. We have since divorced (2002) and the house went into foreclosure from him. I was recently contacted in regards to the balance on the second mortgage and how they were going to collect it. What is the worst case scenario if I don't pay? Won't they just write it off? I am remarried--does this affect him and our new house (in his name?)

charlotte234s
Jun 9, 2008, 12:22 PM
If the house is in his name it will not affect the house, but it can affect YOUR credit.

ScottGem
Jun 9, 2008, 12:25 PM
This seems to be a common misconception. Writeoffs have NOTHING to do with your obligation to pay. The loan may have already been written off, but that has no affect on you. As a signer of that loan, you are obligated to pay. The creditor can then get a judgement against you and attech any assets in your name even as a partial owner of the asset..

George_1950
Jun 9, 2008, 12:29 PM
Just curious: what does your divorce decree/property settlement say about payment of the note secured by the second mortgage?

hjkiutyu
Jun 9, 2008, 12:43 PM
So my best bet is to take the settlement and pay it?

George_1950
Jun 9, 2008, 01:30 PM
So my best bet is to take the settlement and pay it?
Of what settlement are you describing?