Legal Question in Family Law in Illinois

my husband left 2.5 years ago . we have a home and the loan was just recentlly in modification. the modification should have been completed in june but it was one day late and they said they would not except it. but later they agreed to another modification and I continued to send in payments and they excepted them . on friday I recieved mail addressed to my husband that they want $4600 sent to them by the 23 of November. He called them on August 10 and told them not to discuss the loan with me . They have excepted my money with the knowledge that he was'nt

the one sending it. thiis loan was only in my husband's name. I am on the deed.


Asked on 11/03/10, 4:24 pm

1 Answer from Attorneys

This is a dangerous situation and you have not given adequate facts for us to help you. Among other things you at the beginning say "we have a home" and at the end say "this [sic] loan was only in my husband's name. I am on the deed." So we can't even figure out who owns the house and who signed the mortgage -- normally a lender will NOT lend against a home unless ALL homeowners sign the mortgage. Assuming, however, that he is the only one who signed the promissory note and you BOTH signed the mortgage, you MAY have a right to "cure" any defaults of his under the note, which means having to pay the loan yourself and then going after him for reimbursement. But here's the point. You've been separated (apparently living separately) for 2.5 years. You have the right to file for divorce, and to have these things worked out, and possibly for him to pay YOUR attorney fees if you can't pay them and he can..... So why are you sitting around with this time bomb on your hands -- you could lose the house. See an attorney!!!!

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/10/10, 9:54 am


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