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    boknows's Avatar
    boknows Posts: 1, Reputation: 1
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    #1

    Apr 1, 2014, 10:58 AM
    If exspouse defaults on part of divorce decree about a mortgage, what options do I
    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    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

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