Legal Question in Real Estate Law in Georgia

My divorce decree had my ex-husband paying the mortgage on my home ( my name is not on the mortgage) and I have a quit claim deed. Recently we had to re-negotiate as his financial status has changed. In the Consent Order, the original decree was modified in that he no longer is responsible for the monthly payments on the mortgage to Wells Fargo Home Mortgage and that I (the defendant) shall be allowed to sell the property and receive any net proceeds from the sale. Does this excuse his obligation to the mortgage company? Where does that leave me ( he has already missed two payments) and, in the event that I sell the home (it has been on the market for one year), will I be obligated to pay any penalties that accrue as a result of his non-payment? Can I be evicted by the bank?

Asked on 5/12/10, 9:31 am

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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We haven't read the order so we can't answer on such limited facts. Ask the lawyer who handled the order for you.

Answered on 5/18/10, 6:38 pm

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