Legal Question in Real Estate Law in Florida

Mortgage Obligation After Divorce

When I was divorced, in 1997, I signed a Quit Claim Deed on the house that was jointly owned by my wife, Diana, and myself. Since then, she has had a pretty bad record of payments, coming close to foreclosure a couple of times.

My name is still on this mortgage, and the poor payment history shows up on any credit report that gets generated for my name. Diana cannot assume the mortgage or refinance it due to the bad history and other credit problems. It is really not in her interest or that of the mortgage company to have my name removed from this account. This seems like it would be a very common problem, yet it seems to be totally unsolvable.


Asked on 3/07/01, 9:12 am

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Mortgage Obligation After Divorce

There is no question posed.

You are esstially stuck. You can have reflected in your credit report the reason for the numerous defaults which have adversely tainted your credit.

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Answered on 5/17/01, 3:28 pm
Barry Ansbacher Ansbacher Law Firm

Re: Mortgage Obligation After Divorce

This is indeed a common problem. Many divorce attorneys focus on resolving the immediate issues, and this is one of the property issues that is often overlooked until your situation arises. There are creative finance solutions that can help your situation, but you must have enough capital or credit available to implement same. In short, you must make it worth your ex-wife's while to cooperate with you and address the problem. Go to ansbacher.net or call your attorney to work on this solution.

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Answered on 5/16/01, 11:06 pm


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