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LadyValeska · Jan 29, 2007, 07:48 PM

I divorced my husband back in 2000 and he filed bankruptcy without informing me. I signed our home over ot him prior then the bank came after me for the balance on the house. I live in another country now, have since 2000 and I am thinking about moving back home. My question is if I move back home, will I still have to pay this judgement off ? I won't be working so I am unsure of what to expect. It has been 6 years already since the judgement and I was informed about the judgement through my parents as I was not even in the country. :mad:

RubyPitbull · Jan 29, 2007, 08:00 PM

Was a new mortgage taken out on the house in his name only when you signed the house over to him, or was your name on the mortgage and you just signed the house over to him? This is very important.

If the current mortgage on the house did not have your name on it, you have no worries. The bank cannot file legal action against you.

If the current mortgage is still the old one you had, then you did yourself a grave disservice signing the house over to him without taking care of that aspect. The bank can certainly start legal action against you. When you come back into the country, find a real estate attorney. Give him the paperwork you have received and the name of the divorce lawyer who handled your case. If your divorce lawyer allowed you to sign over the house without revising the mortgage, he did not do his job properly and you might want to discuss action against him with your new lawyer.

Sorry for your troubles.

LadyValeska · Jan 30, 2007, 08:22 AM

Thanks for replying to my question. The bank already has a judgement on me for this. I went to the bank and took my name off the mortgage and the home then I moved away, left the country. Then about a year later, my parents told me that I got these papers in for a suit. The bank conveniently lost the papers I signed and I lost my copies. I guess all this time my parents were receiving paperwork from the bank, they wanted to locate me so I could take over these payments. I was never told. I went to the bank, made a trip back home but they said it was too late, which I thought it was not fair as I didn't even know they were looking for me. I talked to my attorney and they said that there was nothing they could do about the suit. So a judgement was filed and they won. They also know I do not live in the country too. Now 6 years has past and we are planning on moving back home and I am wondering if I will have to pay this or what I should do. My spouse left the home, filed bankruptcy and now I owe over 19,000.00 for a house I was not living in at the time and a house I signed off on. Of course I won't be working so I assume they cannot do anything but garnish my checks which I won't have. Plus if everything is in my new husbands name.. the new house etc? The new home we will own outright as well, no mortgage on it. Is there any statute on judgments? What about debts too?
Any help would be appreciated on this one. :confused:

ScottGem · Jan 30, 2007, 08:31 AM

You need new attys. You can file a motion to vacate the judgement. But the problem is going to be proof. If you can't prove that he got the home in the divorce and you signed over to him your interests and obligations with respect to that home, then you will have trouble winning.

I'm just wondering where the debt is coming from. Did the bank foreclose on the property? If so, was it sold? For how much? What was the mortgage balance at the time it was sold?

RubyPitbull · Jan 30, 2007, 01:43 PM

Lady, ScottGem is pretty good with this stuff.

There is also someone on this forum that works for a legal firm in Canada who would definitely more than I do. I will send a message and ask them to look at your post and see if they can provide any more insight. They might have additional questions as ScottGem does.

LadyValeska · Jan 30, 2007, 03:21 PM

Well my husband filed bankruptcy and included the home in that so the bank took it back then when they couldn't find me to make the payments they resold the home and now I have to pay the difference. The difference was 19,000.00 The mortgage was for approx 35,000.00, the housing market dropped and we lost a lot of money on the deal. I moved to the US in 2000 and my husband was left the home and it states so in our divorce. If he got the home in the divorce why do I have pay for it now? When I went to my attorney, they stated that even though I left him the home in the divorce, my name was still on the loan itself therefore I was responsible for the debt. So I left it be and flew back home to the US and lethe judgement go through. I was told that I should file bankruptcy but if this is so... would this affect our home that my new hubby and I are buying? What if it I only in his name?

ScottGem · Jan 30, 2007, 07:05 PM

If you had gone to court instead of letting them get a default judgement, you could have shown them the divorce agreement showing that the home went to him. It is likely the judge would not have granted the judgement. Now you have to file a motion to vacate the judgement on that basis and hope they do. Otherwise you will have trouble buying a home if you have your name on the deed.