Legal Question in Credit and Debt Law in Florida

Release of interest

I was divorced in Florida, Feb. 2002. My ex was awarded the house along with both mortgages, agreeing in our MSA to indemnify and hold me harmless. She has since faied to make payments and is in jeopardy of foreclosure. The mortgage companies were not persuaded by the MSA and have come after me.

Are there legal methods to persuade the mortgage companies to release me from the contract obligations based upon the MSA and, WITHOUT her refinancing (which isn't possible because she doesn't work). As a side note to the above, she has since remarried.


Asked on 8/08/02, 9:58 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Release of interest

Would you release a party from a mortgage when the only other mortgagor has no viable income? Well....neither will the mortgage company. It is simply a matter of business. They were not party to your divorce action and are not bound by any agreement between your ex-wife and yourself. Frankly, your ex-wife's breach was obviously contemplated by the inclusion of the indemnification clause.

Scott R. Jay, Esq. 305-249-8000

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Answered on 8/08/02, 10:11 am


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