Legal Question in Real Estate Law in Florida
I own a house with my Ex. Per the divorce decree he was obligated to pay the Mortgage and the Equity line of Credit. He has not paid in approx. two years. We tried to do a Short Sale as per the Judge coming to find out that the Short Sale offer was cancelled because my ex filed for a Bankrupcy. Initialy it was a chapter 13 then he went to a Chapter 7.
The lender is holding me liable even though I have mailed them the Divorce Decree.
How is it that he can live mortgage free while I have to pay rent? Why will the Lender not excuse me from the mortgage when he is the one obligated per the Courts to pay the Mortgage? Know he is protected from the Bankrupcy and living for free for two years and we are about to loose the house, I assume soon. I do not know how long it takes before he has to move out of the house. Through all of this did he not need my signature to proceed? Please advice and is there something at this point that I can do?????
2 Answers from Attorneys
The bank is not controlled by your divorce. You should look into bankruptcy.
Your situation is typical when you do not have thorough representation in the dissolution of marriage process. Unfortunately, even if you attempted to correct the situation by modifying the property settlement agreement; it does not sound as though you or your ex has the financial wherewithal to maintain the house. You should have an attorney review not only your settlement agreement, but also the factors surrounding the house. Although there is a lot of information missing to make any kind of suggestion; you might end up with a foreclosure rather than bankruptcy. But then again, if your situation warrants it, bankruptcy might be an option - of last resort.
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