What to do if my ex-wife was awarded our house but lost it and now the lender is calling me?
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What to do if my ex-wife was awarded our house but lost it and now the lender is calling me?
My wife and I got a divorce. I was on the mortgage with her and she was awarded the house in our divorce. I was told I had no stake in the property. She lost the house filed bankruptcy. Now the lender is calling me about paying $90,000. Is there anything I can do to fight this?
Asked on June 27, 2011 under Real Estate Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The fact is that your mortgage lender was not a party to your divorce settlement. Therefore, although your ex-wife was awarded the house, as far as the lender is concerned unless she refinanced, etc. (which she clearly did not) you still have liablity regarding the mortgage. Since it has been foreclosed on, to the extent that your lender is entitled to any "deficiency" for the difference between what is still owed on the mortgage and the foreclosure sale price, you are responsible for it. It can obtain what is known as a "deficiency judgment" (although such judgements in your state are rare).
Note: This is where your divorce settlement comes into play. Your ex-wife will be responsible for reimbursing you any money that you may be out-of-pocket (unless she listed you as a creditor in her bankruptcy).
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