View Full Version : If exspouse defaults on part of divorce decree about a mortgage, what options do I
boknows
Apr 1, 2014, 10:58 AM
Exspouse was to assume the mortgage per divorce decree and was later unble to refinance and home is about to enter foreclosure, what are my options... I also signed a quit claim deed w/ divorce but I'm still on the mortgage..
AK lawyer
Apr 1, 2014, 11:42 AM
You may still be liable for a deficiency judgment when the property is sold at foreclosure, assuming the foreclosure sale does not go for the amount owed or more.
Your options?
File a claim against your attorney (if you were represented by an attorney in the divorce) who advised you to sign a quit claim deed before the re-finance had happened. That was not a smart move on your part.
See if you can work with your ex spouse to obtain the lender's approval for a deed-in-lieu of foreclosure, or short sale.
seek bankruptcy protection