Legal Question in Real Estate Law in Arizona

I was awarded our home in the divorce and now my ex is defaulting on the loan, what can I do?


Asked on 9/01/10, 6:20 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

The answer depends upon what is provided in your divorce decree. Your divorce does not remove you from the loan agreement or relieve you from liability to the lender. You probably have a valid claim against your ex for all damages resulting directly from his failure to make the mortgage payments. You should try to work out a deal to cure the default with your husband, as it will probably be in the best interest of both of you.

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Answered on 9/06/10, 11:06 am


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