Legal Question in Real Estate Law in Illinois

Re: Mortgage Payment-Divorce

If you are on title and not on the mortgage, that is probably a violation of the due on sale clause of the mortgage.

The Mortgage company could probably foreclose without him missing a payment.

The foreclosure probably will not afect your credit. The mortgage company cannot sue you on the note. However, I would need more facts to give you a good answer.

I doubt you could be on title unless he did a quit claim deed after the mortgage, in which case, there may be criminal exposure for both you and your soon to be ex.

Email me if you have any questions.

Re: Mortgage Payment-Divorce

If payments are not made on the mortgage, the property will go into foreclosure. Because he is on the note, which is secured by the mortgage, he is primarily responsible. Because you are on the title, you are secondarily responsible. You are part owner of the property which is securing the note.

It could affect your credit and they can come after you because your name is on the title. Even if your name was not on the title and the property was a primary residence, they could still come after you. Remember, you are part owner of the property.

Your ex is on the title as well, so his interests and credit can be damaged if he refuses to make payments.

So far, there is no Complaint in Foreclosure, and you cannot respond to something that has not happened as yet.

I suggest that you talk to your divorce attorney about this.Maybe they can get a court order requiring your ex to keep up the payments. I am not a divorce attorney, but while the marriage estate is in limbo, neither one of you are free agents regarding marital property.