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.
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!!!!
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