Legal Question in Real Estate Law in Indiana

Ex-husbands name is all that the mortgage company used for the mortgage...

I am divorced and have been for about 2 years...my ex husband got the house and I got primary custody of our 2 girls. Since then...approx.4 months ago...he evidently somehow lost the ability to maintain the financial obligations to the mortgage company and they have implemented a judgement on him. He, evidently told them that he received money from me on a routine basis...but his name was the only one on the mortgage due to my credit being poor at the time. Now, I am trying to get my house and all was great until today when I am supposed to close in 5 days, the title company calls and tells me that there is a judgement showing up with his AND my name on it for the house...there evidently was a foreclosure the house. Can I be held accountable for this since I signed nothing, not to mention, that in our divorce decree it states that the property is HIS!!??


Asked on 10/13/01, 12:06 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Ex-husbands name is all that the mortgage company used for the mortgage...

If you did not execute a mortgage on the real estate (or co-sign an obligation thereon), you are not liable for the debt, even if your spouse relied upon your income in making the application. You need to check to see if the judgment entered by his mortgage company is actually against you. If it is, you need to get an attorney to file a motion to set aside the judgment (partially on the theory that you were not served with service of process) in order to defend yourself against the obligation. I realize that you are under a time deadline; however, it is important to get this matter straightened out to the satisfaction of the title company.

Read more
Answered on 11/24/01, 11:34 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Indiana