Legal Question in Bankruptcy in Florida

I am divorced,and the MSA said that ex was suppose to refinance within 90 days,this was 2 years ago.He did not do this.Now he is doing a short sale or trying too.I am still on the mortgage agreement.What can be done if he didn't refinance? Will they come after me for the money owed if I don't sign the short sale papers? Can I get an attorney to sue him for non-compliance to MSA and stop the drastic credit score drop?There should be some kind of lawsuit for innocent spouses in any kind of matter that is not in their control. I don't know anything about this legal stuff,what good does it do to have an agreement if you are still held accountable for it anyway?HELP!!!!!!!!!!!!!!!!!!!!!!!!!!


Asked on 7/26/10, 3:03 pm

1 Answer from Attorneys
Robert Wilcox Wilcox Law Firm

The Judge's divorce order requiring H to handle the mortgage debt does not affect your liability to the lender. You need to check to see whether you signed the promissory note documents themselves (as opposed to the "mortgage" which grants the lender a lien on the property).

That is the starting point. If you did sign them, then the lender could come after you. Whether they would choose to do so or not is another question. Lenders often do not pursue deficiency judgments on homes.

Your husband's failure to follow the order (including causing you to potentially be pursued by the lender), puts him in violation of the order, and you can pursue him for that.

In other words, your husband's failure to follow the order puts him in violation of it, but does not protect you against the lender (if you were ever liable on the note). Good Luck.

Robert Wilcox

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Answered on 7/27/10, 5:35 am


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