Legal Question in Real Estate Law in Illinois

I went through a divorce 4 years ago and my at the time was awarded the house. My divorce agreement says she has 30 days to list the home or refinance it. She has never done this by the way 4 years later. The divorce agreement also says I am held harmless in every way with the house. Well now the house is in foreclosure. We were both served a summons and she had her summons asnwered by a lawyer and I never answered mine and is now in default. Because she has a lawyer working on this house with the banks lawyer will I get the same deal as her even though mines in default. Or will the banks come after me harder. This is a Illinois case


Asked on 7/12/10, 7:25 am

2 Answers from Attorneys
Frank Vosholler Law Office of Frank L. Vosholler III

Well basically, you may get a judgment entered against you, and then you must go after her for whatever you are liable for in the current case. You also do not have to worry about her filing bankruptcy, because domestic obligations are not dischargeable in bankruptcy. If you do not want to go through all of that you can just file bankruptcy and relieve your personal liability on all unsecured debts.

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Answered on 7/12/10, 11:03 am
Caroline Palmer Law firm of Caroline Palmer

You will get the same deal as she will. There shouldn't be a way for the mortgage company to separate your interest in the house. Even if you didn't answer the summons, by protecting her right to the house, your ex is protecting your interest in the house.

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Answered on 7/12/10, 11:16 am


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