Legal Question in Family Law in Illinois

Re: Responsibility of foreclosure after divorce

In general the answer is no. Since the mortgage lender was not a party to your divorce then they are not bound by the terms of the divorce. This would be the same if a credit card company served you with a summons even though the divorce decree says your ex is responsible for the debt. In that situation you would have to file a counter claim agaist your wife to make her solely responsible.

I assume that you are not interested in keeping the house out of foreclosure. If so then the house will be foreclosed and sold. You will be responsible for any balance left afte the house is sold and almost always there is a balance left owing. I suggest you contact a lawyer to protect your credit rating.