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Ann1968
Nov 2, 2014, 09:09 AM
3 years ago, I divorced my husband. I gave him the house and the judge signed papers, saying he was responsible for the main mortgage and a 2.mortage. I both had our name on the 2.mortage. My ex lost his job about 2 weeks after the divorce, didn't pay the mortgage and his bank is coming after me, who has a job. I do not receive child support for our 2 children, since he did not try to get a new job. The bank finally took the house back and he now lives with his parrents. When the bank took the house and sold it again, I thought it was all done, they got their money, since I didn't hear anything more from them. I just asked my bank for a small mortgage, to buy my children and me a house. Instead of renting a old drafty house that we do now. The bank found I had a judgment against me, from this bank.. and would not give me a loan. There is no way I can come up with $30,000 to pay for a house that I "gave away", have a judge signature on that I'm not responsible for. And yet, this is stopping me from giving my children a home to call ours. How can I get rid of this and what do I do?

smoothy
Nov 2, 2014, 09:16 AM
THe court didn't order him to get a refinance in his name alone as part of the terms of the divorce to remove your obligation from it? They legally came after you because that was never done... and your name was legally on it. Child support had nothing to do with any of it. Seperate issues.

ScottGem
Nov 2, 2014, 05:31 PM
The court orders as part of the divorce are not binding on the mortgage lender. You apparently ignored some court summons and a judgment was granted against you. You need to find out how much the house sold for and how much was owed at the time. That is your first step.

Fr_Chuck
Nov 3, 2014, 12:21 AM
The lender can legally come after you, even attach your money or garnish your pay.

Before signing anything over, you should have been sure, that the loans were refi into just his name.

The divorce order is not binding on the house lenders, it allows you to go after your ex, for any money that the lender takes from you.

AK lawyer
Nov 3, 2014, 06:21 AM
...[I] have a judge signature on that I'm not responsible for. ...

Evidently the judge wasn't paying attention to what he or she signed. If you had an attorney in the divorce, your attorney should have told you that, as others have here written, regardless of what it says, a divorce decree doesn't affect the interests of non-parties to the divorce, such as a mortgage lender.


How can I get rid of this and what do I do?

It's probably too late to contest the amount for which the property was sold at the mortgage sale, but if you believe the bid was higher than the property was worth, that would be one possible remedy. The other remedy would be bankruptcy, but it is doubtful that would qualify you for new financing.