Legal Question in Real Estate Law in Florida

I have been fighting to get my name removed from a home loan for a house that I owed with my ex-husband in which our divorce decree stated that he would assume financial responsbility for the home and hold me harmless.

Needless to say, he stopped paying the mortgage and it has gone into foreclosure. Meanwhile, he filed the home as a "sole debt" two years ago in a bankruptcy in which I have tried to explain to the bank that I was never contacted to contest.

I received a letter from the counsel for the Plaintiff(Bank), that they are offering me a waiver of deficiency in this action in exchange for my agreement to the entry of a final consent judgment against me. It states that I would have to sign stipulation for the entry of final judgment of foreclosure. I am not a stupid person, but am looking for clarification on what this exactly means.


Asked on 12/05/12, 12:59 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Seems reasonable. This would remove you as owner so they can foreclose against your ex. should he refuse to consent. Make sure they are seeking no deficiency $ award against you. Good luck.

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Answered on 12/05/12, 1:23 pm


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