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Reged: 04/03/08
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Post Divorce Foreclosure
      #384789 - 04/03/08 10:39 AM

I've been divorced for almost 2 years. In the divorce judgment my ex-wife retained the marital home but was obligated to remove my name from the mortgage within 1 year. Prior to the 1 year anniversary my ex remarried, abandoned the home and purchased a new home with her new husband. She then filed for Ch 13 bankruptcy which she was granted. The marital home has just gone into foreclosure. I have been renting a home since I moved out of the marital home, but am ready to now purchase. Unfortunately, the mortgage lenders have told me I cannot get approval for a loan for 3 years after a foreclosure has been assigned to my credit. Do I have any rights to sue my ex-wife for not abiding to the divorce judgment to remove my name from the mortgage? Thanks for any responses.

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Reged: 06/02/05
Posts: 4022
Loc: The Palmetto State
Re: Post Divorce Foreclosure [Re: jtbelanger]
      #388740 - 04/11/08 10:32 PM

You could file for contempt of court for her failure to follow the order, however, you know it won't erase the foreclosure from your credit reports, right? With your name on the original loan documents, no subsequent action by you against her will solve that issue. In the short term you may try to work directly with the lender to try and save the home from foreclosure, and your credit from any further damage. Have your lawyer file contempt and ask for financial damages, or ask that you're awarded a greater share of the equity at sale.

Its a rotten position to be in; her lack of financial responsibility will either cost you money because of the foreclosure, or cost you money to sue her. Its irritating as hell when people just chuck everything and don't bother to deal with the damage they've caused.

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