Legal Question in Credit and Debt Law in Arizona
Divorce with Home Foreclosure
My daughter was divorced in Arizona. Her name is still on the mortgage of a residence in AZ that her ex-husband had resided in at the time of divorce. He has let it go into foreclosure. He will not return any calls or messages. How can she get her name off of the loan?
1 Answer from Attorneys
Re: Divorce with Home Foreclosure
I do not understand what you mean by "get her name off of the loan". If the divorce decree did not settle the issue of who owned the home after the divorce, and did not require the husband to refinance the mortgage in his name alone in exchange for your daughter signing a deed releasing her interest in the property, then she likely cannot "get off of the loan" and she will lose her interest in the property because of the foreclosure, and will suffer a lower credit rating.
What did the divorce decree provide? Does she want to protect any financial interest in the home? Did she sign the mortgage note as a principal borrower or only sign the mortgage note as a spouse releasing her homestead [marital] interests? Does she need an attorney? This answer does not constitute legal advice because you and her are not as yet my clients.